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Reasons
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(영문) 서울중앙지방법원 2013.07.19 2013고단3146
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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The sentence of sentence against the defendant shall be suspended.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

1. At around 11:00 on April 7, 2013, the Defendant taken a video image of the lower body part of the 20th early young women who were young in the first half of the 20th century, where the Defendant had a short testing color (verification) using ELS G with a short testing function, within the building located in Seo-gu, Seoyang-gu, Seoyang-si.

2. At around 14:00 on the same day, the Defendant taken a video image of the lower body part of the 20th century, where the Defendant suffered a short test color pattern flus G (test color) using subway 3 lines Earray in Gangnam-gu Seoul, Seoul, using Kameras G (test color) with its own Kamer functions.

Accordingly, the body of the victims who may cause a sense of sexual humiliation was taken against their will.

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 Acts and subordinate statutes on mobile phone pictures;

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 KRW 1,000,000 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 first crime and the fact that the suspension of sentence is seriously against the offender);

1. Article 48(1)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 on a sex crime subject to registration becomes final and conclusive.

However, the court has suspended the sentence against the accused, and the accused is punished for sexual crimes when the suspended sentence of this case is invalidated in accordance with Article 61(1) of the Criminal Act.

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