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(영문) 수원지방법원 2018.01.26 2017고단7557
건조물침입등
Text

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

Punishment of the crime

1. On September 29, 2017, the Defendant affected a structure: (a) around 10:00, at around 10:00, entered the third-class female toilets adjacent to the Library C in Young-si, Young-si; (b) in order to take the image of women’s appearance, the Defendant entered the second toilet column in order to take the image of women’s appearance.

Accordingly, the defendant invadeds on the above female toilets managed by managers.

2. Around September 10, 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Taking pictures using cameras, etc.) taken a video screen between 2 to 3 seconds of the victim by putting the victim D (Wol, 16 years of age, Gain) and brine, putting him/her under the first common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common people

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

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

1. Article 319(1) of the Criminal Act Article 319 of the same Act concerning the crime, Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of using a camera, etc.) and the selection of fines, respectively;

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

1. When a conviction on a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes among the crimes in the instant case subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, becomes final and conclusive, the Defendant is a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and thus, is obliged to submit personal information to a related agency pursuant to Article 43 of the same

The time-competence between the crimes in the judgment.

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