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(영문) 서울중앙지방법원 2017.10.11 2017고정2662
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 July 19, 2017, around 7:51, the Defendant taken videos of the two-minutes of subway 2 lines E and 4 lines in Gangnam-gu Seoul, for two-minutes of the victim (if the Defendant was unable to know his name he was on the part of his age, he was on the part of the victim (if the Defendant was on the part of his age) who was on the part of the fluor of the fluor, and the part of the clothes of the victim (if the Defendant was on the part of his age) who was on the part of his phone 6 mobile phone line.

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. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to photographs by capturing evidence and video images;

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) reflects the depth of the defendant's mistake, the defendant's primary offender who has no record of criminal punishment, the frequency of crimes is limited once, and the video taken by handphones seized at the scene of crimes does not spread, causing additional damage to the victim, and taking into account the age of the defendant, sex behavior, environment, family relationship,

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to the registration and submission of 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 Criminal Act shall be applied after two years have elapsed from the date on which the defendant was suspended from his/her sentence pursuant to Article 45-2 (1) of the same Act.

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