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(영문) 수원지방법원 성남지원 2016.04.15 2015고단3147
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

Punishment of the crime

1. Around November 3, 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”) entered the entrance and exit of a female female c in the entrance and exit room in Seongbuk-gu, Sungnam-si, Sungnam-si, with a view to stealing the appearance of female clicking with the entrance and exit side.

Accordingly, the defendant invadeds on women's toilets, which are public places, to satisfy his sexual desire.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.) included the date and time set forth in paragraph (1) in a place, in which the Defendant collected the Defendant’s mobile phone carrying apparatus in the immediately next section by means of the gap between the partitions and the floor, and tried to operate the above mobile phone camera function, and tried to photograph the parts of the body that could cause sexual humiliation of the victim D (n, 26 years old) who reported the change at the above place against his will, but the victim discovered that was attempted to commit an attempted act by avoiding the space.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of seizure records, on-site photographs statutes;

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) (which means attempted to take camera photographs) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of each fine;

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. Articles 70 and 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) 1 of the Criminal Act to be confiscated;

1. When a conviction on a sex crime subject to registration becomes final and conclusive, which is subject to the obligation to register and submit 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 accordingly subject to Article 43 of the same Act.

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