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(영문) 대전지방법원 홍성지원 2013.11.26 2013고단938
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

One Kamera (No. 1) of a seized mobile phone shall be confiscated.

Reasons

Punishment of the crime

Around 14:00 on August 1, 2013, the Defendant taken a dynamic image of a female victim’s fat, which was going up with stairs in the Daecheon Station, and taken the body of another person against his will that may cause a sense of sexual shame by photographing the chest and her fat, including the victim C (the victim C, 21 years old), who suffered kidn in B bathing beaches, and the name and fat of the fat, including the victim C (the victim C, 21 years old) who suffered kidn in B bathing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Seizure records;

1. Application of the CD-related Acts and subordinate statutes to photographs of sexual assault (use, such as a camera), seized materials, cell phone images, and copies of photographic evidence;

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 fine of KRW 3,000,000 to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act (Article 59 (1) of the suspended sentence (Article 59 (1) of the Criminal Act (Article 59 (1) of the same Act (Article 59 (1) of the same Act (Article 59 (1) of the same Act (Article 59 (1) that the defendant is a university student and a primary offender), that the defendant repents his mistake, that the defendant would not repeat a crime again, that the defendant would not repeat a crime again, that the degree of his sexual humiliation or shame is relatively minor, that the photograph taken by the crime of this case

1. Article 48(1)1 of the Confiscation Criminal Act provides that Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which shall be submitted to register personal information, becomes a person subject to registration of personal information when a conviction of a defendant on the crime subject to registration becomes final and conclusive

However, the court has suspended the sentence against the defendant, and the defendant is subject to the invalidation of the suspended sentence of this case pursuant to Article 61(1) of the Criminal Act.

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