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(영문) 서울중앙지방법원 2016.09.28 2016고단4833
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

In the seized gallon, one unit of 5 gallon (No. 1) shall be used.

Reasons

Punishment of the crime

On July 6, 2016, at around 01:20, the Defendant used a cell phone camera function near the residence of the victim, which was in possession of the anti-deflationd victim D (n, 22 years of age) located in Gangnam-gu Seoul, Gangnam-gu, Seoul, to escape from the toilet near the victim's residence, and taken a shower image for about 10 seconds of the victim's upper half of the 10th century.

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. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. Application of the investigation report (on-site photographs and CCTV images), and the Acts and subordinate statutes governing CCTV images held by suspects;

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. Penalty fine of KRW 3,000,000 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 Code of the Suspension of Sentence (see, e.g., Article 59(1) of the Criminal Code (see, e., Supreme Court Decision 2007Da1548, Apr. 1, 2007) (see, 201; Supreme Court Decision 2007Da1448, Apr. 2, 201)

1. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that 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 the competent agency pursuant to Article 43 of

However, after the judgment of suspension of sentence against the defendant becomes final and conclusive, it shall be deemed that the suspension of sentence is acquitted after two years have elapsed without invalidation.

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