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(영문) 의정부지방법원 고양지원 2016.02.03 2015고단2879
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. On August 15, 2015, the Defendant intruded with the purpose of photographing women who are viewed as melting in the first floor female toilets of the C building at the time of strike around 00:30 on August 15, 2015.

Accordingly, the defendant invadeds on public toilets to satisfy his sexual desire.

2. The Defendant, at the time and place set forth in paragraph 1, entered the second partitions from the left side of the female toilet, and taken the body of another person against his will, using the victim DNA (e.g., 35 years old) that reported a meltion to the left side of the third partitions by using the mobile phone camera image function of his own cell phone, and taken the body of another person that may cause sexual humiliation or shame by using the camera or other similar devices with similar function.

In addition, from July 13, 2014 to the above day from July 13, 2014, the Defendant taken photographs of another person’s body, which may cause sexual humiliation or shame on five occasions in total, using his cell phone camera, such as the list of crimes in the attached Form.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Each statement protocol with D or E;

1. A criminal investigation report (STV images, digital evidence analysis results and restored photographs);

1. Application of Acts and subordinate statutes to photographs of victimized women;

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, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and 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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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

1. As to the facts constituting a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order

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