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(영문) 대전지방법원 서산지원 2019.07.10 2019고단210
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)미수등
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 November 16, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Entry of Multitude Space for Sexual Purpose) committed a crime in “C” restaurant in which the Defendant, at the time of Jinjin-si, worked as an employee, that the victim D (one-nine years of age) who is a customer, runs in the toilet, and invaded the victim into the toilet to satisfy his/her sexual desire according to the victim in order to steals the appearance of the victim’s melting the balle.

2. The Defendant attempted to commit a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes) was aware of and attempted to have the victim known to the victim, while intending to have the cellular phone fitted with a camera installed with the partitions, which was entered to see the melting side, through the space between the inner window and the partitions, from the toilets described in the preceding paragraph, and from the toilets described in the preceding paragraph.

As a result, the Defendant intended to take the body of the victim, who could cause sexual humiliation or shame, against his will, by using a camera or other similar mechanism, but attempted to take the body of the victim against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of on-site photographs, CCTV images, records of seizure, and the list statutes;

1. Relevant statutory provisions on criminal facts, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, Articles 15 and 14 (1) (a) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) concerning the punishment of sexual crimes, and the selection of fines;

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 to Program;

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