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(영문) 수원지방법원 성남지원 2015.11.27 2015고단1877
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Seized gallon 1 (gallon 1) shall be forfeited.

Reasons

Punishment of the crime

On May 28, 2015, at around 16:46, the Defendant taken a picture of approximately 44 seconds of a woman suffering from a short white balthroin pattern and a half body of a woman suffering from a macker’s name, who was going up with his stairs in his front, using his galthalthocle 1 smartphone’s image shooting function in the outer stairs located in Gangnam-gu Seoul Metropolitan Government No. C 10.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Application of Acts and subordinate statutes on analysis of seized articles;

1. Relevant provisions 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;

1. Penalty fine of 2,00,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59 (1) of the Criminal Act of the suspended sentence (including the degree of reflection of the accused, the contents of photographing, and the fact that the accused does not have any same criminal record);

1. Where a conviction against a defendant who has registered personal information under Article 48 (1) 1 of the Criminal Act becomes final and conclusive, the defendant shall be a person subject to the registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obligated to submit personal information to the head of a police office having jurisdiction over his/her domicile pursuant to Article 43

Provided, That if a judgment of suspension of sentence against a defendant is deemed to be acquitted after two years have elapsed without the invalidation of suspension of sentence, the person subject to registration shall be exempted from the obligation to submit personal information as such.

(see Supreme Court Decision 2014Do3564, Nov. 13, 2014). In light of the details of a crime subject to exemption from disclosure order or notification order and the details of a crime subject to exemption from disclosure order, punishment history, etc., there are special circumstances that may not disclose personal information pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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