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(영문) 서울남부지방법원 2018.02.07 2017고단5755
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 24, 2017, at around 19:26, the Defendant took a visual image of the body part of the victim by using a cell phone with the inner function of the car camera function, after the victim who is unable to know his name being in the short speed at the Escoper in the line D line 2 of the Guro-gu Seoul Metropolitan Government Seoul Metropolitan City Seoul Metropolitan City (hereinafter referred to as the “Scoper”).

Accordingly, the defendant taken the body parts of the victim who could cause sexual humiliation or shame by using devices similar to the camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Application of Acts and subordinate statutes to investigation reports (Analysis of seized articles);

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 of three million won to be suspended;

1. Article 70(1) and Article 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 (a) of the suspended sentence (a) of the same Act (afford that the defendant led to his/her mistake, reflects himself/herself, and does not prevent such mistake;

In full view of all of the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., including the fact that the number of shootings is limited to one time, and that there is no past criminal record, it is judged that the defendant's opening is obvious).

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

However, if the suspension of sentence against the defendant is deemed to be acquitted after two years have elapsed without the invalidation of the suspension of sentence after the judgment of suspension of sentence became final and conclusive, the person subject to registration shall be exempted from the obligation to submit personal information

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