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(영문) 수원지방법원 안산지원 2016.01.22 2015고단4111
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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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

Criminal facts

1. On September 7, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) discovered that the Defendant entered a commercial building located in Ansan-si Group B, a member B, as a victim C (n, 25 years old), a female toilet, a public toilet for the purpose of satisfying his/her sexual desire.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use and photographing of Cameras, etc.) the Defendant intruded into female toilets at the time and place specified in paragraph (1), as seen above, and entered the two sides partitions that verify the existence of the victim in one of the two sides, and tried to photograph the victim using smartphones with a camera function equipped, but the Defendant did not commit an attempted attempt by the victim who discovered smartphones.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes to report investigation and internal investigation;

1. Relevant legal provisions concerning criminal facts, Articles 15 and 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a person who attempts to take photographs using a camera or any other means), Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a person who intrudes into a public place for sexual purposes), the selection of each fine (a person who leads to confession and reflect by the defendant, an agreement with the victim, and an occupation that the defendant is the initial offender, etc.);

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 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure and Notification of Personal Information, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (this shall not apply to the disclosure and notification of Personal Information, in consideration of the initial crime, family relationship, the outline, etc.);

1. The Criminal Procedure Act of the Provisional Payment Order.

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