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(영문) 의정부지방법원 고양지원 2018.04.19 2018고단499

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

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The sentence of sentence against the defendant shall be suspended.

When the seized Samsung Tallon ju (No. 1) is a mobile phone (S7 mobile phone No. 1).

Reasons

Punishment of the crime

On June 21, 2017, the Defendant discovered the Victim F (M, 31 years old) (M, 31 years old) at the bus stops located in Yongsan-gu, Chungcheongnam-gu, Seoyang-si, Chungcheongnam-si, and followed the Victim's Residence.

On June 21, 2017, the Defendant taken a video image against the Defendant’s will, in the elevator G apartment 107 Dongdong-gu, Busan Metropolitan City around 21:55, the victim’s Samsung G apartment 107 dong-gu, and the Defendant’s Samsung Gallon ju, which might cause sexual humiliation or sense of shame by using the camera function of S7 mobile phones.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on internal investigation ( CCTV inside an elevator);

1. Search report;

1. Application of the statutes on the list of seizure;

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

1. Penalty of one million won to be suspended;

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

1. The defendant, as a first offender, has seriously experienced and seriously reflected his mistake, has led to the confession of the crime from the beginning of the investigation stage, has expressed the victim's intention to commit the crime with the awareness of the attack, has paid a considerable amount of money, and has agreed that the victim does not want the punishment of the defendant, so it is deemed that the situation is significant.

In addition, there are no circumstances in which photographs have been distributed while committing the crime once, etc.

1. Where a judgment of conviction becomes final and conclusive on the grounds of the facts stated in the judgment on the registration of personal information of Article 48(1)1 of the Confiscation Criminal Act, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the head of the competent police office in accordance with Article

However, if the suspension of sentence against the defendant is deemed to be acquitted after two years have elapsed without the invalidation of the suspension of sentence after the judgment on suspension of sentence became final, the person subject to registration.