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(영문) 수원지방법원 2016.01.28 2015고단5243
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 September 9, 2015, the Defendant, at around 11:20, tried to take the image of the victim E (the age of 51) (the age of 51) in front of it, using a cellphone 5 mobile phone of a mobile phone of this case, having the function of a Kamera, located between D 1 and 2 stories, in a male and female public toilet located between the D 1 and 2 stories, with the intention to view that the victim E (the age of 51) was in front of it.

Therefore, the Defendant operated the above mobile phone camera display case, and tried to photograph the victim's video by pushing the cell phone with a space below the screen, but it was discovered that the victim discovered it was discovered, and did not do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Police seizure records;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on Criminal Crimes (Selection of Penalty Penalty)

1. Penalty fine of KRW 1,000,000 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 of the Suspension of Sentence (see, e.g., Article 59(1) that the injured person expresses his intention not to punish the accused at the investigation stage; Article 59(1) of the Criminal Act (see, e.g., the first offender who had no record of committing the instant crime prior to the instant crime; Article 59(1)); Article 59(1) of the Criminal Act (see, e.g., where

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

However, if the suspension of sentence against the defendant is deemed to be acquitted after two years have elapsed without the invalidation of the suspension of sentence after the judgment on suspension of sentence became final, the person subject to registration.

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