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(영문) 서울중앙지방법원 2013.11.27 2013고단5285

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 July 30, 2013, at around 07:50, the Defendant: (a) set up a cell phone with the function of the camera in the short cromatic function as a video circuit in front of the victim (in part, 20) who suffered from the 122 Seoul subway Line 1 Seoul subway Line 1, the Defendant taken the body of the victim’s body against his will that could cause sexual humiliation or shame.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Application of Acts and subordinate statutes, such as seized articles and photographs;

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. Penalty fine of 2,00,000 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 of the suspended sentence (see, e.g., Article 59 (1) of the Criminal Act (the first offender without criminal records, the fact that he/she seriously reflects the fact, the image and frequency

1. Article 48(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 of a sex offense in the judgment becomes final.

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.