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(영문) 서울남부지방법원 2018.02.07 2017고단5745
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence Nos. 2 and 3 shall be confiscated.

Reasons

Punishment of the crime

On October 9, 2017, at around 02:51, the Defendant taken a video image of the victim D (n, 29 years of age) who performed drinking together using the 4th cell phone and the gallon jum jum jum jum jum jum jum jum jum jum jum jum jum.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Written statements of D;

1. Application of the Acts and subordinate statutes of photographic images of flaps stored in the seized article;

1. Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes 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 to attract a workhouse;

1. Article 59(1) of the Criminal Act (a) of the suspended sentence (a) of the same Act (afford that the defendant led to his/her mistake, reflects himself/herself, and does not prevent such mistake;

In light of all the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the fact that the injured person does not want the punishment of the accused by agreement with the injured person after prosecution, the first offender who has no record of criminal punishment before the prosecution, and the age, sexual conduct, environment, etc. of the accused, it is deemed that the conviction of the accused is obvious).

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 48(1)1 of the 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 is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

Provided, That if it is deemed to be acquitted after two years have elapsed without the invalidation of suspension of sentence after the judgment of suspension of sentence becomes final and conclusive, personal information of a person subject to registration shall be submitted.

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