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(영문) 수원지방법원 2014.07.03 2014고단1837
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 12, 2014, from around 15:40 to 15:45, the Defendant entered a female toilet on the first floor of the main hall of the D University, which had a chip function in the camera to take the victim C (e.g., 21 years old), and put the cell phone with a camera function to be taken by side partitions, but attempted to take the victim’s body against the victim’s will with a view to satisfy his sexual desire, and taken the victim’s body, which could cause a sense of shame.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. On-site photographs;

1. Answer of results of evidence analysis;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. In the case of intrusion on public places for sexual purposes under the relevant legal provisions concerning the crime: Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Selection of each alternative fine for punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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

1. Where the conviction of the accused against the criminal facts in the judgment that are subject to the registration of personal information under Articles 25(1), 31(1), and 31(2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings is finalized, the accused is 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 the accused is obligated to submit personal information to a related agency pursuant

The age, occupation, risk of recidivism, type of crime of this case, motive, process, seriousness of crime, disclosure order or notification order of the defendant exempted from disclosure order or notification order, the degree and expected side effects of disadvantage of the defendant's entrance due to the disclosure order or notification order.

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