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(영문) 서울중앙지방법원 2014.08.22 2014고단4217
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 June 9, 2014, at around 11:36, the Defendant took pictures against his will, using the Defendant’s gallon 2 smartphone camera, in possession of immediately subsequent to the victim’s gallon 2 smartphones, in order to transfer from the 59 Seoul Jongno-gu, Jongno-gu, Seoul to the 3rd Station of the Seoul subway No. 59, taking pictures of the victim’s body, such as buckbucks, inner clothes, etc., which could cause sexual health.

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. The application of Acts and subordinate statutes to photographs (12-13 pages of investigation records);

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. Fine of 2,00,000 won which is to be imposed or suspended; and

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

1. Article 59(1) of the Criminal Act of the suspended sentence (see, e.g., Article 59(1) of the Criminal Act (see, e., Supreme Court en banc Decision 2006Do1488, Apr. 1, 2006)

1. Article 48(1) of the Criminal Act provides that Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with the Registration of Personal Information provides that a conviction on a sex offense subject to registration becomes final and conclusive.

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

The defendant is admitted due to the age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, disclosure order or notification order of the defendant exempted from disclosure order or notification order.

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