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(영문) 서울중앙지방법원 2015.09.25 2015고단4474
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 17, 2015, at around 00:41, the Defendant discovered the victim C (V, 26 years old) who was sitting in the direction of new disease control from the Guro Digital Group located in Guro-gu Seoul Metropolitan City, 477, using a opon 4S smartphone with the inner part of the victim's bridge.

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. C’s statement;

1. Each photograph;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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 of KRW 1,00,000, which is to be suspended; and

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 the Suspension of Pronouncement of Sentence (the defendant is the first offender, and the mistake is recognized and reflects. The degree of damage is not serious because the part of the bridge exposed to the sitting victim was taken, and the degree of damage is not serious. The victim does not want punishment against the defendant by paying KRW 2,00,000 to the victim in the course of the instant case)

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). An order of disclosure or notification is exempted.

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