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(영문) 대전지방법원 2016.01.08 2015고단3098
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On July 2, 2015, the Defendant: (a) from around 13:00 to around 13:05, at a female toilet located adjacent to the 6th E-cafeteria of the Seoul Special Self-Governing City (Seoul Special Self-Governing City), reported the victim to enter this toilet; (b) followed the victim into the toilet; and (c) recorded the victim into the toilet; and (d) taken the victim’s form of the victim who reported the urine by using the Defendant’s cell phone, after going on the change; and (c) taken the victim’s image.

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. Application of the law of the police statement protocol to F;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Selection of fines;

2. A fine of one million won which is suspended for a sentence.

3. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse.

4. Article 59 (1) of the Criminal Act of the suspended sentence (it is deemed that the suspension of sentence is minor;

However, in light of the fact that the defendant continuously participated in the situation after the case, and the victim does not want the punishment for the defendant after receiving appropriate compensation, the first offender, and the attitude and attitude of the sincere life shown before the case in this case, the punishment is suspended in consideration of all the circumstances, including the fact that there is little risk of recidivism.

Where a judgment of conviction against a defendant on the criminal facts in the judgment that is a sex offense subject to the registration of personal information 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

However, after the judgment of suspension of sentence against the defendant becomes final and conclusive, 2 years have not passed without the invalidation of suspension of sentence.

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