logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2016.02.19 2015고단3809
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

1. On September 24, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”) invaded on women’s toilets of “D Art Research Institute” located in Ansan-si, Ansan-si, Seoul, with a view to photographing women’s fluorial sidess with motion pictures.

Accordingly, the defendant invadeds on public toilets to satisfy sexual desire.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (using and photographing cameras, etc.) the Defendant entered, at the time, at the place, as described in paragraph (1), the second partitions of female toilets, such as paragraph (1), and then removed the victim E (n.e., 20 years of age) from the side partitions, while viewing the defense, the Defendant taken the victim’s cell phone owned by him/her, the function of the camera function of which was removed, into the toilet screen, and taken the victim’s screen image.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The pictures related to the case;

1. Application of the video CD-related Acts and subordinate statutes

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

1. former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act (in cases where no damage has been recovered even if the damage has yet to be recovered, the confession and reflectability of the defendant, and the fact that the defendant is the first offender, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47 and Article 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure and Notification of Personal Information, the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

arrow