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Reasons
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(영문) 서울서부지방법원 2018.05.02 2018고정204
방실침입등
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 August 26, 2017, around 06:40 on August 26, 2017, the Defendant intruded into the second column of the female toilet of “D” located in Mapo-gu Seoul Metropolitan Government, with a view to photographing the appearance of the victim E (V, 20 years of age) in the next partitions, and intruded into the toilet for women, who are the room in which the victim occupied by being pushed a mobile phone beyond the partitions, in order to take the appearance of the victim E (V, 20 years of age).

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use and photographing of Cameras, etc.) was unable to receive the victim’s claim immediately and receive the victim’s claim in order to take a gallon A7 mobile phone when the victim E (the age of 20) is viewed as a melting side at the time and place specified in paragraph (1).

As a result, the Defendant tried to take photographs of another person’s body, which may cause sexual humiliation or shame, against his will, using a camera or other similar mechanism. However, he attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Application of the police seizure protocol and the statutes on the list of seizure;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion by room), Articles 15 and 14(1) (the point of number used for filmings, etc.) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the selection of fines, respectively, for the crime;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Where the conviction of the instant personal information of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, becomes final and conclusive, the Defendant shall obtain personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

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