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(영문) 서울중앙지방법원 2014.11.07 2014고단7035

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence 1 shall be confiscated.

Reasons

Punishment of the crime

On June 1 to 7, 2013, the Defendant taken photographs of the body of the victims who caused sexual humiliation over 16 times from around 15:38, 2014, as shown in the list of crimes in attached Form 16, including the Defendant’s observer G smartphone camera attached to his body using the observer G smartphone camera, which was possessed by the original household library of the original household of the original city of the Republic of Korea, from June 2013 to around 16.

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. Photographs;

1. Application of the investigation report (related to mobile mobile analysis of suspect mobile phones and confirmation of suspect additional crimes)-related Acts and subordinate statutes;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Fine of 3,500,000 won which is to be imposed or suspended; and

1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the Criminal Act of the Suspension of Pronouncement of Sentence [The defendant is the first offender, who lives in good faith, the defendant temporarily closed from school to the school where he had committed a serious mistake after committing the crime of this case, and then failed to repeat the crime with continuous mental and medical treatment, the defendant's parents complaining of his wife along with his guidance, the defendant's age, occupation, character and conduct, family relationship, circumstances before and after the crime, etc.];

1. Article 48(1) of the Criminal Act provides that Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with the Registration of Personal Information provides that a conviction on a sex offense subject to registration becomes final and conclusive.

However, this court has suspended the sentence on the accused, and the accused shall be punished for sexual crimes where the suspended sentence is invalidated in accordance with Article 61(1) of the Criminal Act.