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(영문) 서울중앙지방법원 2017.03.15 2016고단8541
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

When galloning a seized mobile phone block, one unit (No. 1) shall be located in S7.

Reasons

Punishment of the crime

On September 6, 2016, around 08:07, the Defendant was in possession of the papan in the front of the Defendant, who was enrolled in the front of the Defendant at the offline of five subway stations located in Gangnam-gu Seoul, Gangnam-gu, Seoul, and the Defendant was in possession of the panb in the front of the Defendant.

When gallon, a photograph was taken for about 55 seconds using a dynamic image recording function of a mobile phone in S7.

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. A protocol of seizure and a list of seizure;

1. Investigation report (verification of video files stored in suspect's cell phone gallon network) and the application of Acts and subordinate statutes;

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. Penalty fine of 2,00,000 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 (see, e.g., Article 59(1) of the Suspension of Pronouncement of Sentence (see, e.g., Supreme Court Decision 2007Da1548, Apr. 1, 2007) provides that “The head of a Si/Gun/Gu shall notify the victim of the instant case of the fact that he/she is not aware of the fact that he/she is aware of the fact that he/she is aware of the fact that he/she is unable to agree with the victim who is unable to know of the fact that he/she is aware of the fact that he/she actively expresses his/her intention against the crime of apology, such as contributing the amount equivalent to

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 subject to registration under Article 43 of the same Act.

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