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(영문) 서울중앙지방법원 2014.04.11 2013고단5175
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On August 8, 2013, at around 19:36, the Defendant taken a video image image against his female’s will, using a camera attached to Ephon 5, which is located in Ephon 5, a short part of the body of the woman, by suffering from a short fladar in the upper 752-27 Londo-dong, Dongjak-gu Seoul Metropolitan Government 752-27.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Seizure records;

1. Application of Acts and subordinate statutes to investigation reports (related to the output of cellphone photographs);

1. Relevant provisions of the Act on Criminal Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment.

1. Penalty of one million won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Sentence (see, e.g., the crime of this case and the degree of damage, and the first offense without any previous conviction and the depth of the defendant);

1. Article 48(1) of the Criminal Act provides that Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes to be registered becomes a person subject to registration of personal information when a conviction on a sex offense in the judgment becomes final and conclusive.

However, this court has a duty to submit personal information to related agencies pursuant to Articles 42(1) and 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes when the suspension of sentence becomes invalidated in accordance with Article 61(1) of the Criminal Act.

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