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(영문) 서울중앙지방법원 2015.01.30 2014고단8077

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 August 1, 2014, at around 20:0, the Defendant used the video photographing device of the Defendant’s cell phone in order to take the image that when the Victim F (hereinafter “F”) entered the victim’s toilet immediately adjacent to the Defendant’s toilet room in order to view the melted side in the E Party room located underground of the Dongjak-gu Seoul Metropolitan Government D Building, in order to view the melted side, the Defendant did not come to the Defendant’s cell phone in order to take the front side of the victim’s screen as a video, and the toilet partitions was removed from the Defendant’s cell room and did not come to the Defendant’s attempt.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Selection of Fines);

1. Penalty of one million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the Suspension of Pronouncement of Sentence (see, e.g., the fact that the defendant recognized the error of the defendant and reflects his depth, the first offense without any previous conviction,

1. In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, disclosure order or notification order under Article 48(1) of the Confiscation Criminal Act, considering the degree and expected side effects of the Defendant’s disadvantage and expected side effects of the crime subject to registration, the prevention and effect of a sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., the disclosure order and notification order shall not be issued to the Defendant.