beta
(영문) 서울중앙지방법원 2013.08.14 2013고단2925

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The sentence of sentence shall be suspended for the defendant.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

On May 8, 2013, at around 18:06, the Defendant took a film of his body for 58 seconds against his female’s will, by making the body part of his female to the end of the damaged female who could cause sexual humiliation of his smartphones, which had been short of 122 subway 1, Seoul underground platform 1, Seoul underground platform, and caused 20 Kamera function to the end of the damaged female who could cause sexual humiliation.

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 to a report on investigation (Attachment of photographs related to criminal conduct);

1. Article 13(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012) and the selection of fines concerning criminal facts;

1. Penalty fine of 2,500,000 won 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 (i.e., the first crime and the fact that the suspension of sentence is seriously against the offender);

1. Article 48(1)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 on a sex crime subject to registration becomes final and conclusive.

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.