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(영문) 창원지방법원 2019.06.26 2019고단1277
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)등
Text

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

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

Reasons

Punishment of the crime

1. On March 29, 2019, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, entered a place for sexual purpose, entered into a female toilet on the first floor of the Gaphone-gu, Changwon-si, Changwon-si, with a view to discovering the victim’s entry into a female toilet at around 19:30 on March 29, 2019, the Defendant, along with the victim, went into a female toilet on the first floor of the above building with an intention to satisfy the Defendant’s sexual desire by photographing a opphone X cell phone.

Accordingly, the Defendant infringed on the public use area used by many unspecified persons for the purpose of meeting his sexual desire.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes) in relation to the female toilets on the first floor of the building B above the date and time set forth in paragraph (1). After taking the Defendant’s hon X mobile phone photographer, the Defendant tried to keep the above mobile phone into the partitions with the victim and to take the string of the victim, but the Defendant did not commit an attempted act without having the victim discovered the aforementioned mobile phone and attempted to take the image of the victim.

Accordingly, the Defendant attempted to photograph the body of the victim who could cause a sense of sexual shame by using carmera or other similar devices.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C (tentative name) the police statement of the victim;

1. A investigative report (CCTV image analysis, etc.);

1. Application of Acts and subordinate statutes to the records of seizure, list of seizure, investigation report (digital forensic analysis);

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes (the point of intrusion into a place where public use is made for sexual purposes, the selection of fines), Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of attempted use of a camera or any other device,

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

1. Article 70(1) of the Criminal Act for the detention of a workhouse.

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