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(영문) 서울남부지방법원 2017.12.08 2017고단5142

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The sentence of sentence against the defendant shall be suspended.

One (No. 1) (No. 6B) of the seized carry phone (opon 6B) shall be confiscated.

Reasons

Criminal facts

On August 3, 2017, at around 17:39, the Defendant taken a screen picture between 19 seconds of women suffering from a fluored fluor who suffered from a still short fluored fluor, which was fluored by using his personal telephone (opon 6, color, certificate No. 1) with a camera function marked, from the stairs of subway C. C. 2 located in Guro-gu Seoul Metropolitan Government.

Accordingly, the defendant taken a video image of his body that could cause sexual humiliation or shame.

Summary of Evidence

1. Statement by the defendant in court;

1. Videos;

1. Application of Acts and subordinate statutes 1 (No. 1) of the seized mobile phone (opon No. 6 B)

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

1. A fine of two million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 59(1) of the Criminal Code of the Suspension of Pronouncement of Sentence (hereinafter referred to as "the grounds for sentencing") is not good in light of the method of photographing the instant crime and the physical parts of the taken victim's body. However, all of the instant crimes were committed, and the Defendant committed the instant crime against the mistake, the crime was committed once, the first offender was committed, the Defendant's age, sexual behavior, environment, motive, means, means and consequence, etc., and all of the conditions of sentencing as indicated in the instant records and the theory of change, such as the circumstances after the crime, etc., shall be determined as the sentence as ordered, taking into account the following factors.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the relevant agency pursuant to Article 4

However, if it is deemed to be acquitted after two years have elapsed without the invalidation of suspension of sentence after the judgment of suspension of sentence becomes final and conclusive, personal information of a person subject to registration shall be submitted.