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(영문) 서울남부지방법원 2019.07.17 2019고단1743
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On January 27, 2019, at around 10:30 on January 27, 2019, the Defendant operated the mobile phone camera function owned by the Defendant in Guro-gu Seoul Metropolitan Government B apartment and C apartment commercial building, and taken the image that the victim D (the age of 15) is viewed to be melted in the side partitions by inserting a mobile phone under the toilet partitions.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation by using a camera, against his will.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. On-site photographs (B apartment commercial buildings, and first floor male toilets);

1. Application of Acts and subordinate statutes to investigation reports (or relative investigation reports on workplace pay E);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 30 of the Criminal Act, the selection of fines, and Article 30 of the Criminal Act;

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59 (1) of the Criminal Act of suspended sentence;

1. Where a conviction becomes final and conclusive on each criminal fact stated in the judgment on the registration of personal information, etc. as to the exemption from order to complete a program (the suspension of sentence and failure to complete a program) under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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.

However, if a defendant is deemed acquitted pursuant to Article 60 of the Criminal Act after two years from the date of receiving a suspension of sentence pursuant to Article 45-2 (1) of the same Act, he/she shall be exempted from the obligation to submit personal information.

The age of the defendant exempted from the disclosure and notification order and the employment restriction order, the type and contents of the crime, the process of the crime, the criminal records, other social benefits expected by the disclosure notification order and the employment restriction order, and the preventive effect of the sexual crime, and the disadvantage and expected side effects of the defendant accordingly.

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