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(영문) 수원지방법원 안산지원 2018.07.04 2018고단1592
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)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

Punishment of the crime

1. On January 10, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Intrusion into a public use place for sexual purposes) reported that, around 00:20 on a female toilet on the fourth floor of the Masan-si, Ansan-si, the Defendant entered the victim C (n, 24 years of age)’s toilet to take a melting appearance, and invaded into a public use place used by many and unspecified persons for the purpose of meeting his/her sexual desire.

2. In order to take the appearance of the above victim in the toilet second column at the above time and place, the defendant tried to take the body of the victim who could cause sexual humiliation or shame against the victim's will using his mobile phone tightly and camera functions, but he attempted to take the body of the victim who could cause sexual humiliation or shame, but he attempted to take the body of the victim against the victim's will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of seizure records and statutes concerning the list of seizure;

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, Articles 15 and 14 (1) (the occupation of attempted use, photographing, such as a camera), and the selection of fines, respectively;

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

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

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

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and is in accordance with Article 43 of the same Act.

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