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(영문) 서울중앙지방법원 2014.03.14 2013고단8397
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

At around 13:00 on the end of April 2013, the Defendant taken the victim’s body against his will that could cause sexual humiliation or sense of shame by photographing her part and chest, which he became aware of through smartphone hosting at the dwelling of the Defendant of the rooftop tower in Dongjak-gu Seoul Metropolitan Government (20 women).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on internal investigation reports (including NAVER carpets and specific AD) (including attached data);

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

1. A fine of 1,000,000 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 (50,000 won per day);

1. Article 59(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 be deemed a person subject to registration of personal information when a conviction of a sex offense in the judgment that is subject to registration becomes final and conclusive.

However, this court has a duty to submit personal information to related agencies pursuant to Articles 42(1) and 43 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes when the suspension of sentence becomes invalidated in accordance with Article 61(1) of the Criminal Act.

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