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(영문) 서울동부지방법원 2014.08.12 2014고단1086

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence 1 shall be confiscated.

Reasons

Punishment of the crime

On April 8, 2014, at around 21:50, the Defendant was taking 16 times in total the buckbucks part of the victim G (the age of 18) who was seated next to the Defendant’s cell phone using the Defendant’s cell phone located inside the Kameras, and was seated by the same Gu D at the river basin in Gwangjin-gu, Seoul Special Metropolitan City.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to records of seizure, list of seizure and photographs of seized articles;

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

1. A fine of 2,00,000 won to be imposed on the suspension of sentence;

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

1. Article 59 (1) of the Criminal Act of the suspended sentence (abstinence is remarkable in light of the fact that it appears to be a friendly crime, there is no record of criminal punishment, the fact that it is divided into a truth, and that social relationship is evident, such as family and workplace, etc.;

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

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

It is so decided as per Disposition for the above reasons.