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Reasons
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(영문) 수원지방법원 2015.11.26 2015고단4253
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
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Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On July 27, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Influence of Public Places) entered the Young-gu E-gu, Suwon-si, Suwon-si, and intruded about 16 minutes into the fourth female toilets at that place, and intruded about 7 minutes into the female toilets at the second floor.

As such, the Defendant intruded on female toilets, which are public places, with a view to meeting his sexual desire.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as "ameras"), entered the above date, time, place, and the second female toilets in that place, and taken a video image against the victim F (n, nine years of age) who was sealed a mobile phone under a changeer column and reported a change in the side screen.

As such, the Defendant taken video images using the cell phone camera function, in order to satisfy his own sexual desire, that is, the victim’s appearance that might cause sexual humiliations.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Police seizure records;

1. Photographs of seized articles;

1. On-site photographs;

1. Application of the Acts and subordinate statutes to attach data to CCTV in the crime place;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions on the Punishment, etc. of Sexual Crimes, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a taking advantage of a camera, etc.);

1. The decision to impose a fine shall be made by taking into account the following: (a) the primary offender who is the primary offender of the selective fine; (b) the reflection of the selective fine; (c) the instant crime appears to have been committed by the end of the moment; (d) the relatively old young people; (e) the parent and the branch of the Defendant wanting the Defendant to have the Defendant’s prior domicile; and (e) the father and degree of the photographing; and (e) the victim’s emotional impulse and sexual humiliation, considering the victim’s age and circumstances at the time, are deemed to have great degree of sense of shame and sexual humiliation.

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