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(영문) 서울북부지방법원 2020.08.24 2020고정898
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around January 10, 2020, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (entry in a public room for sexual purpose) entered the female toilet in the Cschool D9 floor located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, in order to take a image of female women to view melting in the toilet.

Accordingly, the Defendant infringed on women's toilets, which are public use places, for the purpose of meeting his sexual desire.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), taken the front image of the victim E (a family name, 23 years old), who was reported a calle from the calle column at the time and place specified in paragraph (1), and taken the front image by inserting the victim’s cellular galle (galle No. 9) and inserting the partitions, thereby viewing the calle of

Accordingly, the defendant taken the body of a person who may cause sexual humiliation or shame by using a camera against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of victim E;

1. Application of Acts and subordinate statutes on site photographs

1. Article 12 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) concerning criminal facts, Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202), the selection of fines, respectively,

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Where a conviction of a sex offense subject to registration becomes final and conclusive in the judgment, which is a sex offense subject to registration, under Article 334(1) of the Criminal Procedure Act, a provisional payment order.

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