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(영문) 서울중앙지방법원 2017.06.13 2017고단992
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

A seized 7 philopon (No. 1) shall be forfeited from the defendant.

Reasons

Punishment of the crime

On December 16, 2016, at around 08:00, the Defendant taken a screen picture with approximately 10 seconds of the body part of the victim, using cell phone camera functions, after the victim E (n, 15 years of age) waiting for buses at the bus stops located in Gangnam-gu Seoul Metropolitan Government C at the bus stops located in Gangnam-gu Seoul.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement;

1. Application of Acts and subordinate statutes to each internal investigation report, investigation report, records of seizure and 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. A fine of three million won to be suspended;

1. Articles 70(1) and 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 (a) of the same Act (afford that the defendant seriously reflects his/her mistake and does not repeat the crime);

The punishment identical to the order shall be determined by taking into account all the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the fact that the number of crimes is limited to one time, the fact that there is no past record of the crime, the fact that the victim agreed smoothly with the victim, and the age, sexual behavior, environment, etc. of the defendant.

1. Where a conviction of the accused is finalized 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 accused is 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 the accused is obligated to submit personal information to the relevant 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 is issued.

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