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(영문) 서울중앙지방법원 2013.09.26 2013고단4848
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 21, 2013, at around 19:15, the Defendant taken the body of the victim against his will who could cause a sense of sexual shame by photographing the lower half of the female victim’s body, using the subway No. 122 located in the subway No. 1, Seoul, Seocho-gu, Seoul, and using smartphones with the inner function of the camera No. 122. The Defendant taken the body of the victim who could cause a sense of sexual humiliation.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to photographs of victims taken by the suspect;

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) of the Criminal Act;

1. Article 59 (1) of the Criminal Act of the suspended sentence (see, e.g., Article 59 (1) of the Criminal Act (see, e., that the degree of sexual humiliation or shame caused by the image of the motion picture is relatively minor, that the defendant is performing his/her duty as an auxiliary police officer in good faith, and that the ancillary personnel want to take up his/her wife against the defendant, and that he/she is a first and seriously against him

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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