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(영문) 광주지방법원 2017.01.20 2016고단5134
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 September 24, 2016, around 12:25, the Defendant heard the voice of the victim D (n, 26 years of age) who took a shower, and recorded the Defendant’s smartphone in a shower room on the side of the corridor, and taken the victim’s aware body.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police on the victim;

1. Application of each Act or subordinate statute of the report on seizure records and the results of analysis of digital evidence;

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

1. A fine of two million won to be imposed and suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won a day) to attract 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)1 of the same Act (Article 59(1)1 of the Criminal Act provides that the defendant is the first offender and voluntarily surrenders, that the injured person does not want to punish the defendant, that the photographer appears to have immediately deleted, that it is against the mistake and that the photographer does not repeat, and that other consideration, such

1. If a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that is subject to the duty to register and submit 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 competent agency pursuant to Article 43 of the same Act

Provided, That if it is deemed to be acquitted after two years have elapsed without the invalidation of suspension of sentence after the judgment of suspension of sentence becomes final and conclusive, the person subject to registration shall be exempted from the obligation to submit personal information.

It is so ordered as per Disposition for the reasons above.

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