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Reasons
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(영문) 서울중앙지방법원 2013.10.08 2013고단4256
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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The sentence of sentence against the defendant shall be suspended.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

On April 24, 2013, around 15:54, the Defendant taken the body of the victims over a total of 60 times from April 2, 2013 to April 24, 2013 by the following methods: (a) around 15:54, the Defendant: (b) taken the victim’s body against the victim’s will, as described in the list of crimes, in total, 60 times from around April 2, 2013 to April 24, 2013, using the cell phone with the inner function of the subway No. 4 lines of subway No. 644; and (c) taken the victim’s body against the victim’s will, as described in the list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Records of seizure and the list of seizure;

1. Application of the photographic Acts and subordinate statutes;

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

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

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

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

1. Article 59 (1) of the Criminal Act of the suspended sentence (see, e.g., Article 59 (1) of the Criminal Act (see, e., the Supreme Court Decision 2007Da1248, Apr. 2, 2007);

1. Judgment as to the defendant's defense counsel's assertion under Article 48 (1) of the Criminal Act

1. At the time of each of the instant crimes, the alleged Defendant was at the level of 4 years and 6 months to 11 months, and the social age was 8.05 years, and intelligence was at the level of 68 years. Thus, it was difficult to expect that the Defendant would decide on his/her own will and take responsible for selecting his/her behavior.

2. The existence of mental disorder is a legal issue to be judged by the court in light of the purpose of punishment system.

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