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(영문) 서울동부지방법원 2014.10.31 2014고단2171
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence 1 shall be confiscated.

Reasons

Criminal facts

On June 19, 2014, at around 12:53 on June 19, 2014, the Defendant was taking a fluor part of the victim C (V, 23 years old) who was going forward by using the cell phone of the Defendant’s cell phone located in the Dong-gu Seoul Special Metropolitan City, Gwangjin-gu.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation, and a report on the results of analysis of digital evidence;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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. A fine of 2,00,000 won to be imposed on the suspension of sentence;

1. Articles 70 and 69(2) of the Criminal Act for the detention in a workhouse (100,000 won per day);

1. Article 59(1) of the Criminal Act (Consideration of sentencing) of the suspended sentence;

1. The reason for sentencing under Article 48(1) of the Criminal Act of confiscation is that the defendant recognized the crime of this case and repented in depth, that the victim does not want the punishment of the defendant, that there is no criminal conviction, that there is no criminal conviction, that there is a certain place of work, etc. The frequency of photographing the case is only one time, and the sentence of a fine of KRW 2 million is suspended by taking into account all the conditions for sentencing, including the circumstances after the crime of this case, the age of the defendant, character and conduct, family environment, etc.

Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes which shall be submitted to register and submit personal information provides that a conviction of a sex offense subject to registration becomes final and conclusive.

However, this court has suspended the sentence against the accused, and the accused is subject to the invalidation of the suspended sentence under Article 61(1) of the Criminal Act, such as the punishment of sexual crimes.

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