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(영문) 서울중앙지방법원 2017.08.11 2017고정1730
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence No. 1 shall be forfeited from the defendant.

Reasons

Punishment of the crime

On April 14, 2017, at around 19:36, the Defendant taken the victim’s dynamic images using the mobile phone camera function of the cell phone flag located in the off-gu Seoul, Gangnam-gu, Seoul. Around April 14, 2017, the Defendant, who was unable to know the name of a female victim who was a short fluor in front of the fluor, and the victim’s ambuck, the body of the flus, and the bucks.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will, using a telephone portable device with a camera function.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of seizure records and statutes concerning the list of seizure;

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

1. Penalty fine of KRW 5,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract 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 provides that the defendant shows an attitude to reflect his depth in recognizing the defendant's mistake, there is no history of criminal punishment, the crime of this case is limited to once, and the Handphones are seized at the scene of the crime, and no additional damage

1. Where a conviction against a defendant is finalized on the facts constituting a sex crime subject to registration, which is subject to the duty to register and submit personal information under Article 48(1)1 of the Confiscation Criminal Act, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of

Provided, That personal information shall be personal information if the judgment of suspended sentence against the defendant becomes final and conclusive pursuant to Articles 4 and 45-2 (1) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes ( December 20, 2016) and if it is deemed that the defendant is acquitted pursuant to Article 60 of the Criminal Act after two years from the date of receiving the suspended sentence.

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