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(영문) 서울중앙지방법원 2013.09.12 2013고단4601
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

On June 26, 2013, around 14:30, the Defendant discovered the victim B (the age of 24) (the age of 24) who was seated in the front line of the subway 9 line in the Seocho-gu Seoul Seocho-gu distribution Dong by suffering a short fright in the front line direction in the subway line 9 line, which was in the speed terminal station in Seocho-gu Seoul Metropolitan Government, and taken the body parts of the Defendant, such as the victim's buckbucks and bridges, using the Defendant's mobile phone camera function.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. C’s statement;

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

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 one million won to be suspended;

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

1. Article 59 (1) of the Criminal Act (including the fact that the degree of exposure to image that the person intends to photograph is relatively insignificant, and the fact that the defendant has no previous conviction in the same kind and is seriously against the defendant);

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 submitted by a criminal defendant shall be a person subject to registration of personal information when the criminal defendant is found guilty of a sex offense.

However, this court has a duty to submit personal information to the competent authority 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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