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(영문) 서울중앙지방법원 2013.07.26 2013고단3514
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence shall be suspended for the defendant.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

1. On May 11, 2013, at around 18:56, the Defendant taken videos against his/her will, in light of his/her name and influenite name, the Defendant suffered a short fluence in the short blin pattern from the platform, Es. 1 of the Seoul mid-gu Seoul Metropolitan Government subway Line No. 122 subway Line No. 1, the Defendant taken pictures of the body of his/her female, which may cause sexual humiliation or sense of shame, using the camera located in Samsung Y3 mobile phones, which was in possession of his/her possession after 20 women.

2. At around 19:02 on the same day, the Defendant continuously taken a video image of the her half of the female, who could cause sexual humiliation or shame in the same way, after the 20th female, who suffered a white fladial fluor, in the name of 19:02.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Records of seizure and the list of seizure;

1. Application of the photographic Acts and subordinate statutes;

1. Article 13(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); the selection of fines, etc. concerning criminal facts;

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. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (the period by which 50,000 won is converted into one day);

1. Article 59 (1) of the Criminal Act (i.e., the first offense, the fact that the sentence is seriously against the offender, the age of the accused, motive for the crime, etc.);

1. Article 48(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 of a sex offense in the judgment becomes final.

However, the court has suspended the sentence against the accused, and the accused is invalidated under Article 61(1) of the Criminal Act, Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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