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(영문) 대전지방법원 2018.08.09 2018고단1629
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On March 30, 2017, at around 07:48, the Defendant, using a mobile phone with a camera functioned in Seoul Special Metropolitan City, Nowon-gu C 205, taken a panty chrode of the victim D (V, 19 years old) who was spanty spanty spanty spanty spanty spanching.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of specific Acts and subordinate statutes to the date and place of photographing E data, files pictures, and investigation reports (the “complic photographs taken after the rear of the complainant”

1. Article 14 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. Penalty of a fine of four million won to be suspended;

1. Article 70(1) and Article 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 Act (the fact that the confession of the instant crime is against the law, the first offender who has no record of criminal punishment, and as a result, the result, the occurrence of the instant photographic material was leaked, and thus, the Defendant distributed the photographic material directly to a third party;

there is no material to see, and there is still a room to see that there is still an old age.

In the event that a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration and submission of personal information by agreement with the victim only smoothly, and the victim does not want the punishment of the defendant, etc., the defendant is 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 the defendant is obligated to submit personal information to the relevant agency as prescribed in Article 43 of the same Act.

However, if a suspended sentence against a defendant is deemed to be acquitted after two years have elapsed since the judgment of suspended sentence became void after the judgment of suspended sentence became final and conclusive, the person subject to registration shall be exempted from the obligation to submit personal information as a person subject to registration (see Supreme Court Decision 2014Do3564, Nov. 13, 2014). The defendant’s age, occupation, risk of recidivism, motive for each of the crimes in this case.

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