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(영문) 서울중앙지방법원 2017.08.08 2017고단4054
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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

On April 12, 2017, at around 17:57, the Defendant taken the body of the victim, who could cause sexual humiliation or humiliation, against his will, using the Defendant’s mobile camera function and the Defendant’s mobile phone camera display “E” in front of the exit room No. 11 in Gangnam-gu Seoul, Seoul, using the Defendant’s cell phone camera and the mobile phone photographing “E” for photographing inside the mobile phone.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on investigation;

1. Application of seizure records and statutes concerning the list of seizure;

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

1. A fine of two million won to be suspended;

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

1. Article 59(1) of the Criminal Act of the suspended sentence (a) of the same Act (afford that the defendant seriously reflects his/her mistake and does not repeat the crime);

D. The same sentence as the order shall be determined in consideration of all the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, environment, etc., and the fact that the number of crimes is limited to one time, that there is no record of committing the crime, that the body taken is not a hobba, but a part revealed outside the hobba, and that the body taken is not a hoba

1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 48(1)1 of the Confiscation Criminal Act, the accused 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 accused is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

However, if a suspended sentence against a defendant is deemed to be acquitted after two years have elapsed without the invalidation of the suspended sentence after the judgment on suspended sentence became final and conclusive, the person subject to registration shall be exempted from the obligation to submit personal information as a person subject to registration (Supreme Court Decision 2014Do3564 Decided November 13, 2014).

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