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(영문) 서울중앙지방법원 2014.09.26 2014고단5024
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 May 11, 2014, at around 16:08, 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, in the name of the Defendant, who was going to an escalator using a high speed terminal 7 subway line 19-3, the subway line 19-3, the Seocho-gu Seoul Metropolitan Government distribution Dong, using a smartphone with the inner function, and cutting the Kamera in a white short time, using a smartphone with the inner function.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to photographs (property seized and details of damage);

1. Relevant provisions of the Act on Criminal Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment.

1. A fine of 1.5 million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (see, e.g., the degree of crime and damage of this case, the first offender who has no previous conviction so far, and the defendant seems to have lived in good faith while supporting his family, and reflects in depth the mistake)

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 to be registered becomes a person subject to registration of personal information when a conviction on a sex offense in the judgment 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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