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(영문) 울산지방법원 2017.02.16 2016고단3847
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On July 2016, 2016, the Defendant taken the victim's name fluor who was seated in the opposite seat using his own smartphone in the line of Busan subway 1, and run his business on the next "B" car page via the above smartphone.

In addition, the Defendant taken 14 times in the subway, central iron, bus, and on the road of Busan, Ulsan, U.S., the damaged women’s legs, sloping, which may cause sexual humiliation or shameing of the victimized women, such as those written in the list of crimes in attached Form No. 1, and displayed them up to six times in a smartphone camera, and displayed them openly.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to photographs posted on each Internet camera;

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

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. Article 59(1) of the Criminal Code of the Suspension of Pronouncement of Sentence (the fact that the defendant is seriously against the crime, the victim's face is limited to the body part exposed to the outside, and the victim's identity is not taken, and the criminal record is a primary offender who has no record of crime) of the Criminal Code (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 the defendant is obligated to submit personal information to a related 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 without the invalidation of the suspension of sentence after the judgment of suspension of sentence became final and conclusive, the person subject to registration shall be exempted from the obligation to submit personal information as a person subject to registration (Supreme Court Decision 11 November 13,

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