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(영문) 서울중앙지방법원 2017.01.20 2016고단8629
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 August 12, 2016, at around 16:10, the Defendant: (a) followed the victim’s name and influence (20) of the shorter white fluence in the air train No. 2 in Mapo-gu Seoul, Seoul, and the victim’s name and influence (20) of the shorter fluence pattern, the Defendant taken a fluent body part of the victim’s name and influence (20) by using the victim’s fluent image shooting function in S mobile phone fluence, when the Defendant used the victim’s fluence fluent fluent flus, which was owned by the Defendant.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (Attachment of photographs by cutting a part of images taken by the person under investigation) and the application of the Acts and subordinate statutes attached thereto;

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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. A fine of three million won to be 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 Code of the Suspension of Pronouncement of Sentence (the number of victims is two and not agreed, but the same day was taken, and the video screen was arrested at the scene of video shooting and the video screen was not disseminated, and the face of the body was cut off, such as a bridge exposed to outside the betama, and the face of the body was the beginning and depth of the body, and other consideration, such as the defendant's age, sex behavior, family relationship, social relationship, etc.);

1. If a conviction on a sex offense subject to the registration of personal information under Article 48(1)1 of the Confiscation Criminal Act becomes final and conclusive, the defendant 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, and this case is exempted from the disclosure order and notification order.

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