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(영문) 서울중앙지방법원 2013.10.31 2013고단5479

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

On September 1, 2013, at around 15:38, the Defendant taken a photograph of the parts of the victim D (the age of 21) (the age of 21) who was under his possession of the cell phone C located in Jung-gu Seoul, Jung-gu, Seoul.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of the photographic Acts and subordinate statutes;

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 of one million won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (the period calculated by converting 50,000 won into one day) of the Criminal Act;

1. Article 59 (1) of the Criminal Act of the suspended sentence (see, e.g., the fact that the degree of causing sexual humiliation or sense of shame is relatively insignificant in light of the image of the motion picture taken into account, and that the crime is committed early and seriously against it);

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 submitted by a criminal defendant shall be a person subject to registration of personal information when the criminal defendant is found guilty of a sex offense.

However, this court has a duty to submit personal information to the competent authority 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.