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(영문) 수원지방법원 안산지원 2016.08.24 2016고단2661
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. Around April 30, 2016, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) committed an intrusion on female toilets with a view to meeting the Defendant’s sexual desire in the subway C Station in the Southern-gu Incheon Metropolitan City, Incheon Metropolitan City.

2. They shall not photograph the body of another person against his/her will, using machinery or equipment having a similar function, such as a camera, in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.) or any other similar function;

Nevertheless, the Defendant, as mentioned in paragraph 1, taken video images against the will of the victimized party D (tentative name) with a cell phone holding the second side of female toilets with the third side column as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on results of digital evidence analysis;

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 (the recovery of damage has not yet been made even if the damage has not yet been fully made, 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 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure and Notification of Personal Information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the disclosure and notification of Personal Information shall not be made, taking into account the initial crime, family relationship, the outline, etc.).

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