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(영문) 인천지방법원 2015.07.01 2015고단2087
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On March 20, 2015, at around 07:37, the Defendant taken pictures of the Defendant’s cell phone with an airport train’s lux function in Yongsan-gu Seoul, Yongsan-gu, Seoul, and the Defendant’s cell phone with a camera function, against his will, taken pictures of the victim C (18 years of age, in which buckbucks and mucks, which could cause sexual humiliation or shame.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes on the closure of a damaged Myeon course;

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. Articles 70(1) and 69(2) of the Criminal Act for the confinement in a workhouse (where a suspended sentence is imposed and the defendant does not pay a fine, the defendant shall be confined in a workhouse for the period calculated by converting 100,000 won into one day);

1. The sentence to be suspended under Article 59(1) of the Criminal Act: The reason for the suspended sentence of a fine not exceeding 1.5 million won is that the form of the crime is relatively weak.

The defendant is a primary offender and his family and other social ties clearly.

The defendant recognizes a crime and reflects his depth, such as agreement with the victim, and the victim does not want the punishment of the defendant.

The defendant is not guilty of re-offending and has a healthy life.

In addition to the above circumstances, when considering the conditions of sentencing as stipulated in Article 51 of the Criminal Act, namely, the age, character and conduct, intelligence and environment of the offender, relationship with the victim, motive, means and consequence of the crime, the defendant is remarkably dead, and thus, the sentence is suspended against the defendant.

Where a conviction against a defendant is finalized on the criminal facts in the judgment that are subject to registration and submission of personal information, the defendant is a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and such person is subject to registration

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