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(영문) 서울중앙지방법원 2013.08.14 2013고단3700
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence shall be suspended for the defendant.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

On May 26, 2013, from around 20:06 to around 19:20 on May 31, 2013, the Defendant used Samsung gallon-2 smartphone, which was possessed in subway stations, such as Seoul subway Station, etc., and taken video images of young women who could cause sexual humiliation or shame on five occasions, such as the list of crimes in the attached list.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Records of seizure and the list of seizure;

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

1. Article 13(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); the selection of fines, etc. concerning criminal facts;

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

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

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

1. Article 59 (1) of the Criminal Act (i.e., the initial crime and the fact that the sentence is seriously against the offender, and the contents of image taken);

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 to be submitted shall become a person subject to registration of personal information when a conviction of a sex offense in the judgment becomes final.

However, this court has a duty to submit personal information to a related agency 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.

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