logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.11.25 2016고단3058
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who works in a singing room as an employee.

1. On October 15, 2016, the Defendant intruded into the above toilets with a view to meeting his/her sexual desire in a C Women’s toilet located in Daejeon Jung-gu, Daejeon on 08:10 on July 15, 2016, and the victim D (V, 30 years of age) taken a brue screen using his/her mobile phone camera function.

Accordingly, the Defendant intruded on public toilets for the purpose of meeting his sexual desire, and taken the body of another person against his will that could cause sexual humiliation or shame by using camera or other similar devices with similar functions.

2. On July 15, 2016, at the subway F located in Daejeon Dong-gu, Daejeon, on 08:37, the Defendant taken up the body of another person, who might cause sexual humiliation or sense of shame, using a camera or other similar device with a similar function, by taking 32 consecutive images of the young women who were short of fright by using the Defendant’s mobile phone, and taken the body of another person against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Each protocol of seizure;

1. Application of Acts and subordinate statutes on images of photographs;

1. Relevant legal provisions concerning criminal facts, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and 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. Where the registration of personal information under Article 334(1) of the Criminal Procedure Act and the conviction against the defendant to be submitted becomes final and conclusive, the defendant shall be a sexual crime.

arrow