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(영문) 서울중앙지방법원 2013.08.23 2013고단4254
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence shall be suspended for the defendant.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

At around 07:50 on June 27, 2013, the Defendant, at the subway station of the subway 2 line located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, 5, Dongsan-dong, 323-1, taken a film of the lower body part of the body part of the female, using a cell phone camera, which was held after the 20th female, in the name of the injured.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to photograph screen pictures showing screen pictures;

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

1. Penalty fine of 2,00,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (the period by which 50,000 won is converted into one day);

1. Article 59 (1) of the Criminal Act (i.e., the initial crime and the fact that the sentence is seriously against the offender, and the contents, etc. of image taken);

1. Article 48(1) of the Criminal Act provides that Article 42(1) of the Act on Special Cases concerning the Registration of Personal Information and the Punishment, etc. of Sexual Crimes to be submitted shall become a person subject to registration of personal information when a conviction of a sex offense in the judgment becomes final.

However, this court has a duty to submit personal information to a related agency pursuant to Articles 42(1) and 43 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes when the suspension of this case becomes invalidated pursuant to Article 61(1) of the Criminal Act.

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