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(영문) 서울중앙지방법원 2013.09.25 2013고단4911

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On July 29, 2013, at around 11:38, the Defendant taken the body of another person, who may cause sexual humiliation or sense of shame, by photographing the body and bucks, etc. of a woman on the name unclaimed in the name of the Defendant, who was on board an escalator in front of the Defendant, using a short bucker in the 122-on-line Seoul Central-gu, Seoul Central District Office of 122, and photographing the body of another person, which may cause sexual humiliation or sense of shame, by taking a dynamic image of the Defendant’s Samsung Ggalthro S2 (SW-M250S) with the Defendant’s function as a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (the period by which 50,000 won is converted into one day);

1. Article 59 (1) of the Criminal Act of the suspended sentence (it is an initial crime with no criminal record, a depth of his/her mistake is divided, and it does not repeat again, taking into account the frequency and method of the crime, image of photograph, etc.);

1. Article 48(1) of the Criminal Act provides that Article 42(1) of the Act on Special Cases concerning the Registration of Personal Information and the Punishment, etc. of Sexual Crimes to be submitted shall become a person subject to registration of personal information when a conviction of a sex offense in the judgment becomes final.

However, this court has a duty to submit personal information to a related agency pursuant to Articles 42(1) and 43 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes when the suspension of this case becomes invalidated pursuant to Article 61(1) of the Criminal Act.