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(영문) 서울서부지방법원 2018.05.25 2018고정19
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On September 22, 2017, at around 22:07, the Defendant discovered the victim’s name influor No. D. 1 located in Eunpyeong-gu Seoul Metropolitan Government (hereinafter “C”), and taken the victim’s body against his will by photographing the victim’s body parts from the buckbucks to the bucks of the Defendant’s cell phone to the bucks located in the Defendant’s cell phone, thereby causing sexual humiliation or sense of shame.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (related to digital sirens, photographs deleted by the principal);

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

1. Penalty of one million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (the case is not relatively heavy in light of body parts or the frequency of crimes taken by the defendant, the confession of a crime and reflects by the defendant, the defendant has no record of having the same criminal history or fine, and the defendant will not repeat the crime;

(3) such consideration as the

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program;

1. Where a conviction on a sex crime subject to the registration and submission of personal information under Article 48(1)1 of the Confiscation Criminal Act becomes final and conclusive, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

However, if a suspended sentence against a defendant is deemed to be acquitted after two years have elapsed since the judgment of suspended sentence became void, the person subject to registration shall be exempted from the obligation to submit personal information as a person subject to registration (see Supreme Court Decision 2014Do3564, Nov. 13, 2014). An order to disclose information or order to disclose is issued.

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