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(영문) 서울중앙지방법원 2017.09.20 2017고정1609
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence No. 1 shall be forfeited from the defendant.

Reasons

Punishment of the crime

On February 3, 2017, at around 02:15, the Defendant: (a) visited the victim C (23 Do) residing in the Defendant’s house No. 403, Seoul Special Metropolitan City, Seoul Special Metropolitan City, and women’s family-friendly groups to talk with each other, and to hear the voice of a shower and shower, and to take the body or gender-related pages, the Defendant accessed the victim’s window through a shot rail of the above building; and (b) taken the victim’s bridge by using the 5 smartphone camera, the Defendant owned by the Defendant using the 5 smartphone camera.

Accordingly, the defendant taken videos against his will, using devices similar to the camera, which could cause sexual humiliation or shame.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of C and D;

1. Imageic and video files of the recipient;

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

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 on the Crime.

1. Penalty fine of KRW 5,000,000 to be suspended;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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 Code of the Suspension of Pronouncement of Sentence (the attitude of reflecting the depth of the defendant's wrong recognition, and considering all circumstances such as the victim's wish not to be punished and the defendant's absence of criminal records) of the Criminal Code, where a conviction against the defendant is finalized with respect to the crime subject to registration, which is a sex offense subject to registration, 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 thus, the defendant is obligated to submit personal information to related agencies pursuant to Article 43

However, pursuant to Article 4 and Article 45-2 (1) of the Addenda of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes ( December 20, 2016), the suspension of sentence against the defendant shall be suspended.

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