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(영문) 인천지방법원 2015.10.08 2015고단5182
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

At around 00:40 on May 15, 2015, the Defendant, at the subway No. 7 Es. B located in subway No. 40, taken a dynamic image of the path in which the Defendant followed the women who suffered from the influence of name, and then taken the path of the path of the path from July 7, 2015, as indicated in the list of crimes in the annexed list of crimes.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of the photographic Acts and subordinate statutes by capturing the video;

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. Penalty surcharge of KRW 4,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act for the confinement in a workhouse (in cases where a suspended sentence is imposed and the defendant does not pay a fine, the defendant shall be confined in a workhouse for the period converted 10,000 won into one day);

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

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Code seems to have considerable mental impulses and sexual impulses of the victims due to the instant crime. However, the confessions and reflects by the Defendant, and the Defendant does not commit a re-offending but lives in a sound manner. Considering the fact that the Defendant is an initial offender with no criminal record, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant’s age, character and conduct, and environment, as shown in the records and arguments of this case, the Defendant is remarkably dead, and thus, the sentence of the Defendant is suspended.

Article 42 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to registration and submission of personal information.

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