beta
(영문) 서울동부지방법원 2016.02.05 2015고단3143

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On July 23, 2015, at around 03:28, the Defendant taken a video image of the victim D (the age of 21) who could cause sexual humiliation or shame by pushing his smartphones with his own smartphones at the seat of Songpa-gu Seoul, Songpa-gu C and 102.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Selection of fines;

1. Penalty fine of KRW 1,000,000 to be suspended;

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

1. Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the suspended sentence of sentence; Article 59(1) of the same Act (see, e.g., the fact that the defendant recognized the crime of this case; the escape immediately after the crime was committed; the police officer returned to the scene of the crime and voluntarily dispatched; the victim later or smoothly agreed with the victim that the victim does not want the punishment of the defendant; the defendant is a student of the age without any previous criminal record; the defendant's family member clearly wanted the defendant's prior wife; etc.

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 48(1)1 of the Confiscation Criminal Act, the Defendant becomes 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 43 of the same Act.

However, if the suspension of sentence against the defendant is deemed to be acquitted after two years have elapsed since the judgment of suspension of sentence became null and void, the person subject to registration shall be exempted from the obligation to submit personal information as a person subject to registration (Supreme Court Decision 2014Do3564 Decided November 13, 2014).