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(영문) 수원지방법원 안양지원 2017.03.31 2016고단1862
건조물침입등
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. On May 20, 2016, the Defendant invadedd a structure with a cell phone that was possessed in a female sttel of the Gu officetel during the period of Ansan-si around 18:30 on May 20, 2016, and was in possession of a cell phone to take the body and strings of women, and went into the partitions of a female toilet until the female strings of the body

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (using and photographing cameras, etc.) Defendant: (a) placed the victim’s body body part under the column of the body of the victim in order to take a photograph of the victim D (a person, brea, 23 years old) using a screen image recording function of a camera in his personal telephone (Evidence No. 1) at the time and at the place specified in the above paragraph (1) in order to take the victim’s seat; and (b) taken the victim’s body part against the victim’s will.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on investigation;

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

1. Application of seized Handphone photographs and Acts and subordinate statutes governing the arrested site pictures;

1. Relevant legal provisions of the Criminal Act, Article 319 (1) of the Criminal Act (a point of intrusion on a structure), Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of photographing a camera), and the choice of fines, respectively, for the crime;

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. 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. The sentencing of Article 334(1) of the Criminal Procedure Act is flexible - the unfavorable circumstances: In light of the method and content of the crime, the degree of sexual deliberation by which the victim was satisfy and was satisfyed, etc. - The most favorable circumstances: the defendant reflects the defendant's mistake in a relatively old age of 19 years: the first offender; the victim does not want to be punished against the defendant - Other normal circumstances: the defendant's personal information is a sex crime subject to registration and submission of personal information, such as the background of the crime, the circumstances before and after the crime, the defendant's character and behavior, occupation and family relation.

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