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(영문) 수원지방법원 안산지원 2018.07.25 2018고단1270
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 October 30, 2017, the Defendant taken the victim E (Ga name, n, 43 years old), victim F (Ga name, n, 38 years old) and the victim F (Ga name, n, n, 38 years old) of this body by using his cell phone camera shooting function in the 'D' 'D' 11:15 to 11:20, and 11:20, the Defendant taken the victim's hiver image to the victim's hiver image.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation by using a camera or similar mechanism, against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to E and F;

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 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 (including the fact that the defendant is led to confession and reflect, the fact that the defendant is the initial offender, the fact that the defendant taken persons who agreed to take pictures and made them taken with the above persons, and the fact that the defendant deleted the video immediately after receiving the victim's claim, etc.);

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 48(1) of the Confiscation Criminal Act, the accused is 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, if a judgment of suspension of sentence against a defendant is deemed to be acquitted after two years have not elapsed since the suspension of sentence became final and conclusive, personal information as a person subject to registration shall be personal information.

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