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(영문) 서울중앙지방법원 2017.10.18 2017고정2750
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 April 17, 2017, at around 14:08, the Defendant taken the body of the victim against his will, who might cause sexual humiliation or sense of shame, by taking 11 photographs of the parts of the body, such as subway 2 line E, No. 9 air stations located in Mapo-gu Seoul Metropolitan Government, using the mobile phone camera function.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to photographs;

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. A fine of three 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 (Article 59 (1) of the suspended sentence (Article 59 (1) of the Criminal Act (Article 59 (1) reflects the depth of the defendant's mistake, the defendant has no record of criminal punishment, the photograph taken by handphones seized at the scene of the crime does not spread, and thus additional damage to the victim has not occurred. The defendant endeavored to prevent recidivism, such as voluntary completion of sexual assault prevention education after the crime in this case was committed, taking into account the age, sex behavior, environment

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to the registration and submission of personal information under Article 48(1)1 of the Confiscation Criminal Act, 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 the competent agency pursuant to Article 43 of the same Act.

Provided, That if a defendant is deemed acquitted pursuant to Article 60 of the Criminal Act after two years from the date on which he/she receives a suspended sentence pursuant to Article 45-2 (1) of the same Act, the registration of personal information shall be exempted.

The defendant's age, occupation, and exemption from the disclosure order and notification order;

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