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(영문) 서울중앙지방법원 2014.09.12 2014고단5025

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 May 13, 2014, around 18:40 on May 13, 2014, the Defendant taken the body of the victim against his will who might cause a sense of sexual shame by photographing the lower half of the female victim's body, on the name unexploited in the name, which was sealed out of the subway 2, Gangnam-gu, Seoul, a subway 11, a subway station located in Gangnam-gu, and by using smartphones with the inner function of the camera function.

Summary of Evidence

1. Defendant's legal statement;

1. Records of police seizure and list of seizure;

1. Application of the Acts and subordinate statutes to investigation reports (Attachment to photographs by capturing a woman's body in motion picture taken);

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. Fine of 1,500,000 won which is to be sentenced; 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 Sentence (see, e.g., Article 59(1) of the Criminal Act: (a) the defendant has no record of crime of the same kind; (b) the defendant has committed the instant crime dynamicly; (c) the defendant has committed the instant crime; and (d) the defendant has committed a serious mistake after the instant crime; and (c) the defendant has committed a crime against another and has not re-offending; and (d)

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 a duty to submit personal information to related agencies pursuant to Articles 42(1) and 43 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes when the suspension of sentence becomes invalidated in accordance with Article 61(1) of the Criminal Act.

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, results, and seriousness of crime, order of disclosure, or order of disclosure.