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Reasons
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(영문) 서울중앙지방법원 2013.07.24 2013고단3442
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. On February 21, 2013, at around 21:15, the Defendant taken videos against his/her will that could cause sexual humiliation, such as her name and her 20th half of the 20-year-old women’s laps, her laps, and her laps, and her lapped lapped lapped lapped lapped lapped lapped lapped lapped lapped lapped lapped lapped lapped lapped lapped lapped lapped lapped lap.

2. At around 13:58 on the same day, the Defendant, at around 13:58, taken videos against his/her will, using the mobile phone camera used in the foregoing paragraph, the body of his/her women who could cause sexual humiliation, such as the he/she was behind the 20th women who suffered a short spawn, and the body of his/her body that could cause sexual humiliation, such as the spawn of women.

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 to photographs voluntarily produced;

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 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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