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(영문) 서울중앙지방법원 2015.06.19 2015고단2488
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence 1 shall be confiscated.

Reasons

Punishment of the crime

On April 9, 2015, at around 07:53, the Defendant accessed a female victim’s behind his name unexploited at No. 3 of the second floor underground in the entrance direction of No. 5 subway line 40, Jindo-ro, Yeongdeungpo-gu, Seoul, for about 3 minutes, the Defendant taken a video image for about 49 seconds, using S4 smartphones, where the gallon shooting function of the victim was installed.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Application of the Acts and subordinate statutes concerning the photograph of a video closure;

1. Relevant Article on criminal facts, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the fact that the defendant has no record of punishment at all, and has lived in good faith until now, his mistake is divided in depth and not re-offending, and other consideration such as the family relationship, social relationship, etc. of the defendant);

1. Where a conviction on a crime that constitutes a sex offense subject to registration of personal information under Article 48(1) of the 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 relevant agency pursuant to

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

(Supreme Court Decision 2014Do3564 Decided November 13, 2014). The Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, and consequence of the instant crime, exempted from the disclosure order or notification order.

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