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(영문) 서울중앙지방법원 2013.07.12 2013고단3007
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 May 18, 2013, at around 15:53, the Defendant: (a) followed 20 women who suffered from 50 meters of 50 meters away from the subway Crab lines 7 underground lines in Gwangjin-gu Seoul Special Metropolitan City from the upper platform to 2 lines; and (b) taken 1 minute images of a specific body part, such as underpuck and buckbucks, which may cause sexual humiliation or sexual humiliation, against their will, for a period of 44 seconds.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of the statutes governing crime photographs;

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 concerning criminal facts;

1. Penalty fine of 2,00,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act for the Detention in Labor House.

1. Article 59 (1) of the Criminal Act (the fact that the defendant is the first offender who has no record of crime, is against his depth, the method of taking photographs, the degree of photographing pictures, the image taken, etc. that cannot be deemed to be poor in view of the nature of the crime);

1. Article 42(1) of the Criminal Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, such as the Registration of Personal Information, provides that a person who is finally convicted of committing a crime shall be a person subject to registration of personal information.

However, this court has suspended the sentence against the defendant, and where the suspended sentence of this case becomes invalidated pursuant to Article 61(1) of the Criminal Act, the defendant is obligated to submit personal information to the related agency pursuant to Articles 42(1) and 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and an order to disclose or notify the defendant shall not be issued.

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