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(영문) 서울중앙지방법원 2017.08.10 2017고단3986
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

A seized A. 6 mobilephones (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On April 14, 2017, at around 17:00, the Defendant taken screen pictures between approximately one minute 29 seconds of the victim (influent, ageless fire) who spucks in the fluent bucks of the victim (influent, ageless fire) who sprinks off the fluent spacker using the flamer function of the mobile phone of 6 mobile phones owned by the Defendant in Jung-gu Seoul Special Metropolitan City.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. The criminal place;

1. Police seizure records and list of seizure;

1. Application of the Acts and subordinate statutes on photographs and video CDs;

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 two 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) of the same Act (Article 59 (1) reflects the fact that the defendant has no record of punishment and commits a mistake in depth; Article 59 (1) of the arrest of the defendant at the scene is not disseminated; the frequency of the crime is limited once; the defendant has obtained counseling with a psychiatrist and does not repeat a crime; it is deemed that the defendant's age, sexual behavior, occupation, family relationship,

1. If a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that is subject to the duty to register and submit 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

However, the suspension of sentence against the accused shall be acquitted after two years have elapsed without the invalidation of the suspension of sentence.

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