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(영문) 서울중앙지방법원 2015.12.18 2015고단6406
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 September 14, 2015, at around 22:27, the Defendant accessed the lower part of the female victim’s name unexploited with the short string of the subway No. 1 Seoul Station transfer 2, the subway No. 2, as the type C in Jung-gu, Seoul, by approaching the lower part of the female victim, who was on the name of the subway No. 1, and then taken the string of the bucks installed in the smartphone No. 4 smartphone with the inside of the galtho S4 smartphone shooting function.

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. A report on investigation (Attachment of photographs);

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 fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act for the detention in a workhouse (100,000 won per 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.g., Supreme Court Decision 2007Da15488, Apr. 2, 2007) (1))

1. Where a conviction against a defendant is finalized on the criminal facts stated in the judgment that should be registered and submitted with personal information under Article 48(1) of the Confiscation Criminal Act, 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 the defendant is obligated to submit personal information to a related agency

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

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