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(영문) 수원지방법원 안산지원 2018.01.17 2017고정1177
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 June 17, 2017, the Defendant taken a video image of the Defendant’s 1st women’s toilet in Ansan-si, Ansan-si, the upper part of 18:47, and the toilet space in which the victim E is in use, with the partitions of the toilet space in use by the victim E, in the lower part of the cell phone, and using the camera function to put the cell phone into a cell phone, and taken the image of the Defendant

Accordingly, the defendant took photographs of another person's body, which could cause sexual humiliation or shame, using devices similar to the camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the 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 the Selection of Fines concerning the crime;

1. Penalty fine of 2,00,000 won 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 (see, e.g., Article 59(1) of the suspended sentence (see, e.g., Supreme Court Decision 2007Da1548, Apr. 2, 2007)

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.

Provided, That if a suspended sentence is deemed to be acquitted after two years have not elapsed since the judgment of suspended sentence became final and conclusive, the person subject to registration shall be exempted from the obligation to submit personal information as a person subject to registration.

The exemption of the disclosure order or notification order is due to the age, occupation, risk of recidivism, details and motive of the crime, the method and seriousness of the crime, and the disclosure order or notification order.

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