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(영문) 수원지방법원 성남지원 2014.12.17 2014고단1829
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Seized gallon Nos. 1 (Tallon 2) shall be confiscated.

Reasons

Punishment of the crime

1. On November 2013, 2013, the Defendant taken a photograph of the female victim’s bridge on his name, i.e., a short flab by using a camera function of his mobile phone kacker in the street near the Hong Man-dong, Mapo-gu, Seoul.

2. The Defendant, at the time and place specified in the foregoing Paragraph 1, taken up two female victims in name in the name of the victim, who come up by suffering a short school uniform bridge, such as a photograph No. 2 in the list of crimes, at the same time and place.

As a result, the defendant taken the body of others, which could cause a sense of sexual shame by using a mobile phone with a camera function, against their will.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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

1. Penalty fine of 2,00,000 won to be suspended;

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 suspended sentence (including the details and circumstances of this case, the degree of damage, etc.);

1. Where a conviction against a defendant who has registered personal information under Article 48 (1) 1 of the Criminal Act becomes final and conclusive, the defendant shall be a person subject to the registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obligated to submit personal information to the head of a police office having jurisdiction over his/her domicile pursuant to Article 43

Provided, That if a judgment of suspension of sentence against a defendant is deemed to be acquitted after two years have elapsed without the invalidation of suspension of sentence, the person subject to registration shall be exempted from the obligation to submit personal information as such.

(Supreme Court Decision 2014Do3564 Decided November 13, 2014). An order to disclose is issued.

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