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(영문) 서울중앙지방법원 2017.10.25 2017고정2669
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 June 21, 2017, around 08:21, at 08:21, the Defendant taken 20th female victims’ flaps and bucks’ flaps, whose names were short in front of the short flap pattern using the mobile phone camera function, using subway lines No. 3 in Gangnam-gu Seoul, Seoul.

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. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (related to files of evidence within the seized mobile phone);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

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

1. Article 70(1) and Article 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 suspended sentence (Article 59 (1) of the Criminal Act (Article 59 (1) reflects the depth of the defendant's mistake, the defendant has no record of criminal punishment, the crime of this case is merely taken one-time photographing; the crime of this case does not spread photographs taken by handphones seized at the scene of the crime; thus additional damage to the victim has not occurred; the defendant voluntarily completed sexual assault prevention education after the crime of this case; and all other circumstances, such as the defendant's age, sex behavior, environment, family relationship, etc.);

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to the registration and submission of personal information under Article 48(1)1 of the Confiscation Criminal Act, the Defendant becomes 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

(b).

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