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(영문) 서울남부지방법원 2019.03.27 2018고단5041
방실침입등
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Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 22, 2018, at around 22:25, the Defendant: (a) taken a 2nd floor toilet of “C” located in Gangseo-gu Seoul Metropolitan Government, “C” (the outer entrance is divided into male and female, and the inside is divided into partitions, and there is a gap in the degree that the partitions will come up with the hands below) in the inner room; (b) taken a female’s body to be melted in the side screen; and (c) taken a balth of his cellular phone (galtho S8 Plus) in his hand, and balth of the victim D (the 35 years old) took a balthic image.

Accordingly, the defendant intrudes into the room possessed by the victim, and taken the body of the victim who could cause sexual humiliation or shame by using his mobile phone camera functions against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Relevant provisions of the Criminal Act, Article 319(1) of the Criminal Act, Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, and the selection of fines, respectively;

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

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

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

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

1. If a conviction on a crime committed in violation of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, on the judgment that is subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42(1) of the same Act, and the defendant is obligated to submit personal information to the head of a related agency in accordance with Article

The defendant is exempted from the disclosure order, notification order and employment restriction order.

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