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(영문) 서울중앙지방법원 2014.09.19 2014고단4962
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence shall be suspended for the defendant.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On April 29, 2014, at around 16:40, the Defendant took photographs of five female victims of each bridge, who suffered a short flamera using the Defendant's cell phone camera function in the Gangnam-gu Seoul subway 2 Station, Gangnam-gu, Seoul.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame using a mobile phone camera against their will.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of the photographic Acts and subordinate statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines for Crimes;

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

1. A fine of 1,000,000 won to be imposed on the suspension of sentence;

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

1. Article 59(1) of the Criminal Act (Article 59(1) of the suspended sentence (Article 59(1) of the Criminal Act is the first offender, and is against the Constitution, and considering the degree, distance, etc. of the shooting

1. Article 48(1)1 of the Criminal Act provides that Article 42(1) of the Act on Special Cases concerning the Registration of Personal Information and the Punishment, etc. of Sexual Crimes to be submitted shall become a person subject to registration of personal information when a conviction on a sex crime 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.

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