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(영문) 서울중앙지방법원 2017.08.10 2017고단3501
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

One cell phone (No. 1) in which a seized 7 plus test is used.

Reasons

Punishment of the crime

On April 24, 2017, at around 17:15, the Defendant taken a video image of the victim with 20th time female victims, where it is difficult to find out the name of a short bucker in the 20th century, which was placed in the front, using the cell phone camera function of the cell phone 9 lines located in Mapo-gu Seoul, Mapo-gu, Seoul.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will, using a telephone portable device with a camera function.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. The criminal place;

1. Application of photographic Acts and subordinate statutes to the crime motion pictures;

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 three 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 of the Suspension of Pronouncement of Sentence (the fact that the defendant seems to have lived in good faith during the period, there is no record of punishment, the defendant's being arrested at the scene is not disseminated, the number of crimes is limited once, the defendant's age, sex behavior, environment, family relationship, social relationship, etc. are considered, and other factors such as the defendant's age, sex, family relation, social relationship, etc. are considered to be obvious if it is considered that the defendant's appearance is not possible);

1. If a conviction on a sex offense subject to the registration of personal information under Article 48(1)1 of the Confiscation Criminal Act becomes final and conclusive, the defendant 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, the suspended sentence is not invalidated after the judgment of suspended sentence against the defendant becomes final and conclusive.

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