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(영문) 서울중앙지방법원 2013.12.11 2013고단6897
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On September 13:05, 2013, the Defendant taken the body parts of the victim who could cause a sense of shame against the victim's will by using the camera located in the opon 4S mobile phone owned by the Defendant, after the victim B (n, 24 years of age) at the Escoper in front of 5 Us.S. in the Yang Jae-dong, Seocho-gu Seoul Metropolitan Government 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to photographs of victims;

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 2,00,000 won to be suspended;

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

1. Article 59 (1) of the Criminal Act (the initial crime, the fact that the sentence is seriously against the offender, the frequency of taking pictures and images);

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 to be submitted shall become a person subject to registration of personal information when a conviction of a sex offense in the judgment becomes final.

However, this court has a duty to submit personal information to a related agency 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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