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(영문) 수원지방법원 성남지원 2017.01.17 2016고단3315
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 September 11, 2016, at around 11:10, the Defendant opened a door with the knowledge of the fact that the Defendant, who is located in Dongjak-gu Seoul Metropolitan Government, was working as a general secretary, and took three photographs of the body form of the victim, i.e., the victim D (n, 23 years of age) and the shower D (n, 23 years of age) out of the shower room and the shower room outside the shower room, which is located in the cell phone of the Defendant, using a camera shooting function in the shower room, which could cause a sense of sexual shame.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to report on investigation (related to photographs taken by the person under investigation);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

1. Six months of imprisonment to be suspended;

1. Article 59 (1) of the Criminal Act (Article 59 (1) of the Suspension of Sentence (Article 59 (1) of the Criminal Act (Article 59 (1) of the same Act, including the fact that the injured person wishes to take the wife of the accused, the primary offender, the depth of the crime, and the fact that he

1. Where a conviction becomes final and conclusive on a sex offense which is subject to the registration of personal information under Article 48(1) of the Confiscation Criminal Act, the defendant becomes a person subject to registration of personal information pursuant to 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 as prescribed in Article 43 of the same Act;

Provided, That if it is deemed to be acquitted after two years have elapsed without the invalidation of suspension of sentence after the judgment of suspension of sentence becomes final and conclusive, the person subject to registration shall be exempted from the obligation to submit personal information.

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