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(영문) 서울남부지방법원 2014.02.14 2013고단4323
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On May 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amera, etc.) taken video pictures using the Defendant’s mobile phone located in the camera-gu Seoul Metropolitan Government for the purpose of taking X-ray photographs within the third X-ray shooting room of the E Hospital located in Yeongdeungpo-gu Seoul Metropolitan Government, using the Defendant’s cell phone located in the camera for two times.

Accordingly, the defendant taken twice against his will another person's body, which could cause sexual humiliation or shame by using a camera.

2. Around October 15, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (influence of public places) entered the place to prevent women from melting the appearance of melting in female toilets located in the Guro-gu Seoul Metropolitan Government F apartment commercial buildings.

Accordingly, the defendant invadeds on public toilets to satisfy sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Photographs (investigative records 97 pages);

1. Application of the Act and subordinate statutes to the investigation report (CCTV Analysis and Investigation);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes (hereafter referred to as "carmeras"), Article 12 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 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. The sentencing grounds of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order shall be determined as follows: (a) the physical parts of the victims taken by the accused; (b) the accused has no record of being punished for the same kind of crime; and (c) the confession of the instant crime; and (d) the background, means, methods,

When this judgment becomes final and conclusive, the defendant shall be liable to submit personal information.

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