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(영문) 청주지방법원 충주지원 2016.09.02 2016고단423
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On May 27, 2016, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (influence of public places) intruded into a female toilet, which is a public toilet installed therein, in order to photograph the string of the second floor of C High School located in B at midnight, with a view to viewing the string of the string women.

Accordingly, the defendant invadeds on public toilets for the purpose of meeting his sexual desire.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes), taken a victim’s cell phone, entering the victim’s side partitions of the toilet in order to photograph the victim’s name and incompetence at the date and place specified in paragraph (1), and in order to view the victim’s name and incompetence, in which the victim’s cell phone operating the recording function is stored in the space below the margin below

Accordingly, the Defendant took photographs of another person’s body, which may cause sexual humiliation or shame, against his will, using a camera or other similar mechanism.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the arrest of a case;

1. On-site photographs;

1. The defendant Hand-on video CDs and investigation report (a photograph accompanied by a photograph of dynamic images taken inside a suspect mobile phone);

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is to recognize and reflect the instant crime.

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