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(영문) 수원지방법원 2016.03.24 2015고단5386
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence No. 1 shall be forfeited from the defendant.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes) (hereinafter “E”), with a view to photographing women who are considered to be melted in toilets to satisfy their sexual desire, the Defendant intruded into the public toilets of male and female public toilets on October 12, 2015, with a view to satisfying their sexual desire.

2. A violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (using and photographing cameras, etc.) the Defendant intruded into the public toilet screen as described in paragraph 1 and 50 minutes thereafter, and 23:10 on the same day, entered the victim F (F, 21 years old) in the above public toilet side of the above public toilet, activated the video photographing function of the cell phone in possession, followed up the victim’s negative part of the victim’s cell phone with a view to melting down to the lower side of the screen, and taken up against his will, on the same day, the victim’s negative part.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police with regard to F;

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

1. Application of Acts and subordinate statutes on response results from digital evidence analysis;

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. Penalty fine of 2,00,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act of the suspended sentence;

1. Where the sentencing of Article 48(1) of the Confiscation Criminal Act takes into account the method of the crime committed by the accused, the details of the crime, etc., the nature of the crime is not weak. However, considering the fact that the accused is a young person of 21 years of age in depth and that the injured person is a primary offender, and the injured person by agreement with the injured person is not subject to the punishment against the accused, the defendant’s occupation, family relation, etc. recorded in the records.

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