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(영문) 인천지방법원 부천지원 2018.08.20 2018고단1595
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)등
Text

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

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

Reasons

Punishment of the crime

1. A defendant who violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Intrusion into places used for sexual purposes) has been using by the victim B (or 28 years of age) for the purpose of meeting his/her sexual desire by photographing his/her body parts with cell phones around February 23, 2018 by means of photographing, etc. the body parts of a female with cell phones around 18:25;

C In the 1st floor female toilets underground of the D Library in C, it was invaded.

Accordingly, the defendant invadeds on public use places such as toilets with a view to meeting his sexual desire.

2. A defendant who has not violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use and photographing, such as a camera, etc.) may have suffered the victim B at the time and place specified in paragraph (1);

In the side partitions, the defendant operated the front camera of the mobile phone in which he had the defendant, and then tried to photograph the body part of the victim by inserting the cell phone under the partitions, but it was discovered to the victim and attempted to do so.

Accordingly, the defendant tried to take photographs of another person's body, which may cause sexual humiliation or shame, against his will, but attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes to photograph CCTV images of a D Library;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (which means attempted to take photographs of a camera), and the selection of fines;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Protection of children and juveniles against sexual traffic who are subject to employment restrictions;

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