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(영문) 서울중앙지방법원 2013.11.21 2013고단5112
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

On July 10, 2013, the Defendant taken a video image against his will, on July 23:24, 2013, the part of the scar, which was in possession of scars, after the subway No. 7 Scar scars, could cause sexual humiliation or sense of shame by a method close to the scars’ end, after the female’s end, of the scars’ cell phone.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. A criminal investigation report (related to statements of a victim);

1. Application of the Acts and subordinate statutes to the investigation report (related to the seizure of cell phones and motion pictures);

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

1. Penalty of one million won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (the period calculated by converting 50,000 won into one day) of the Criminal Act;

1. Article 59 (1) of the Criminal Act (see, e.g., Article 59 (1) of the Suspension of Sentence (where the defendant is the first offender who is currently 19 years of age and seriously reflects the situation, etc.);

1. Article 48(1) of the Criminal Act provides that Article 42(1) of the Act on Special Cases concerning the Registration of Personal Information and the Punishment, etc. of Sexual Crimes submitted by a criminal defendant shall be a person subject to registration of personal information when the criminal defendant is found guilty of a sex offense.

However, this court has a duty to submit personal information to the competent authority pursuant to Articles 42(1) and 43 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes when the suspension of this case becomes invalidated pursuant to Article 61(1) of the Criminal Act.

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