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(영문) 서울남부지방법원 2017.02.08 2016고단5052
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On May 30, 2016, around 08:30 on May 30, 2016, the Defendant discovered the victim D (the age of 28) suffering from a short reflect in the village bus that operates the Gu adjacent to the station in Guro-gu Seoul, and taken the victim’s buckbucks, which could cause sexual humiliation to the Defendant’s hand phone with the Defendant inside the Kameras, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to report on investigation (a case of confirming body parts of the victim's body taken by the victim);

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 of the suspended sentence (a) of the same Act (abrupted by the defendant against his/her own mistake in depth, and another person’s mistake will not be committed again;

In light of all of the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the fact that the defendant's age, sexual conduct, environment, etc. is relatively low, and the number of shootings is a primary offender who has no previous criminal history of punishment, if a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration to be registered, 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 related agencies 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 since the judgment of suspended sentence became void after the judgment of 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). The defendant's age, occupation, risk of recidivism, type of crime, motive, and motive of the crime.

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