beta
(영문) 서울서부지방법원 2014.12.10 2014고단2432

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The sentence of sentence shall be suspended for the defendant.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On June 28, 2014, around 17:34, the Defendant taken the body part of the victim’s cell phone, which could cause sexual health by putting the Defendant’s cell phone device located in the Kameras, into the part of the victim’s body, and taking the body part of the victim’s body against his will, by taking the victim’s cell phone device located in the Kameras while going back to the back of the victim C (the victim’s name, credit, and age 40) who was going back from the subway station 190 in Mapo-gu, Mapo-gu, Seoul, 190.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning C (tentative name);

1. Application of the records of seizure and the list of seizure, and the photograph of seized articles;

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

1. Penalty of one million won to be suspended;

1. Articles 70 (1) and 69 (2) of the Criminal Act (one day conversion: one hundred thousand won);

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

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act for sentencing are as follows: (a) the Defendant confessions the instant crime and reflects the depth thereof; (b) the primary offender who has no record of punishment; and (c) the Defendant agreed with the victim solely by the victim that the victim did not want the Defendant’s punishment; and (d) the Defendant’s age, character and conduct, family environment, motive and method of the offense; and (e) the circumstances after the commission of the offense, etc.,

If a conviction on a crime subject to registration becomes final and conclusive on the judgment that is a sex offense subject to registration, the accused is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article

Provided, That if it is deemed to be acquitted after two years have elapsed without the invalidation of suspension of sentence after the judgment of suspension of sentence becomes final and conclusive, the person subject to registration shall be exempted from the obligation to submit personal information.