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(영문) 서울남부지방법원 2018.04.25 2018고단187
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence No. 1 shall be forfeited from the defendant.

Reasons

Punishment of the crime

From around 18:00 on July 26, 2017 to around 19:00, the Defendant taken the body parts, such as the victim E, who sits in a side by using his LG portable phone with the inner function of the PC located in Gangseo-gu Seoul Metropolitan Government.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to report on investigation (related to mobile phone analysis of the restored suspect);

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 (see, e.g., Article 59 (1) of the Suspension of Sentence (where the accused is a primary offender of Grade III intellectual disability and is against his/her nature

1. Where a judgment of conviction becomes final and conclusive on the grounds of the facts stated in the judgment on the registration of personal information of Article 48(1)1 of the Confiscation Criminal Act, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the head of the competent police office in accordance with Article

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 null and void, the person subject to registration shall be exempted from the obligation to submit personal information as a person subject to registration (Supreme Court Decision 2014Do3564 Decided November 13, 2014). The Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, process of the instant crime, disclosure order or notification order, the degree of disadvantage suffered by the Defendant due to the disclosure order or notification order, the prevention of sex crimes subject to registration, and the effect of protecting the victims.

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