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(영문) 서울중앙지방법원 2016.04.15 2015고단8324
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence No. 1 shall be forfeited from the defendant.

Reasons

Punishment of the crime

around 00:02 on October 18, 2015, the Defendant taken a film of the f-side, the bridge, the side of the bridge, etc., which the Defendant had taken on the front of the f-side, using the image shooting function of the f-on smartphone 6 smartphone from the subway E station located in Gangnam-gu Seoul, Seoul.

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. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of each statute on photographs;

1. Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

1. A fine not exceeding three million won to be imposed and suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won a day) to attract a workhouse;

1. Article 59 (1) of the Criminal Act (including the fact that an contingent crime is committed, the fact that the victim was paid five million won and paid five million won to the victim and that the injured person does not wish to punish the defendant; the fact that the injured person has no record of criminal punishment for the same kind of crime; the fact that the injured person commits a misunderstanding and does not repeat again; and other consideration, such as the age, sex, family relationship, social relationship, etc. of the defendant);

1. As to the Defendant’s defense counsel’s assertion of Article 48(1)1 of the Confiscation Criminal Act, the Defendant’s defense counsel asserts that the Defendant was physically and mentally deprived or physically weak at the time of committing the instant crime.

According to each of the above evidence, even though the defendant was aware that he had drinking a considerable amount of alcohol at the time of the crime, it seems that the defendant had no or weak ability to discern things or make decisions. Thus, the above assertion is rejected.

The defendant becomes 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 when a conviction on the crime in the judgment that is a sex offense subject to registration of personal information becomes final and conclusive.

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