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(영문) 서울중앙지방법원 2014.09.17 2014고단5022
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence 1 shall be confiscated.

Reasons

Punishment of the crime

On May 21, 2014, at around 18:04, the Defendant taken the body of the victim against his will that could cause a sense of sexual shame by photographing the lower half of the female victim’s body, on the name unexploded of the stairs, which was loaded out by using a short flacing smartphone in the subway 2 subway station located in Gangnam-gu Seoul, Gangnam-gu, Seoul, and by using smartphones with the inner function.

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to a criminal investigation report (a photograph by capturing a dynamic image);

1. Relevant Article on criminal facts, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

1. Fine of 2,00,000 won which is to be imposed or suspended; and

1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the Criminal Act of the Suspension of Sentence (see, e.g., Article 59(1) of the Criminal Act: (a) that the defendant is the first offender; (b) that the defendant lives in a usual and sincere manner; (c) that the defendant was dynamicly causing the crime of this case; and (d) that the number of pictures was only one time; (c) that the defendant committed a serious mistake after the crime of this case; and (d) that the defendant’s wife also

1. Article 48(1) of the Criminal Act provides that Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with the Registration of Personal Information provides that a conviction on a sex offense subject to registration becomes final and conclusive.

However, this court has a duty to submit personal information to related agencies pursuant to Articles 42(1) and 43 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes when the suspension of sentence becomes invalidated in accordance with Article 61(1) of the Criminal Act.

The defendant is admitted due to the age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, disclosure order or notification order of the defendant exempted from disclosure order or notification order.

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