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(영문) 서울중앙지방법원 2013.10.25 2013고정3003
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

On April 26, 2013, at around 07:37, the Defendant: (a) taken a cell phone device by using a video recording function of the gallon system in the subway 5 subway Station, the subway station, the Seoul Jung-gu, Seoul, for a total of four times as shown in the list of crimes, the Defendant took a photograph of the victims’ body against their will, as shown in the list of crimes, by taking a cell phone on the balthbbbbbbs that may cause sexual humiliation, where the Defendant took a cell phone device by using a video recording function of the gallon system in the subway Station, the subway Station, the cultural park station, the transfer route in which the Defendant was located.

Summary of Evidence

1. The defendant's partial statement on the date of the third trial; and

1. Police seizure records;

1. Results of verification of mobile phones in this Act;

1. Application of Acts and subordinate statutes to photographs of seized files stored in mobile phones;

1. Article 13(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 1156, Dec. 18, 2012; hereafter the same shall apply in force on June 19, 2013);

1. Penalty fine of 2,00,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act (Article 59 (1) of the Suspension of Sentence (Article 59 (1) of the Criminal Act (Article 59 (1) of the same Act (Article 59 (1) of the same Act, including the fact that the period in which the defendant photographs is short

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 offense subject to registration becomes final and conclusive.

However, the court has suspended the sentence against the accused, and the accused is subject to Articles 42(1) and 43 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes where the suspended sentence of this case becomes invalidated pursuant to Article 61(1) of the Criminal Act.

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