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(영문) 서울중앙지방법원 2014.10.17 2014고단6302
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence 1 shall be confiscated.

Reasons

Punishment of the crime

On August 8, 2014, at around 19:08, the Defendant taken the body of the victim against his will who could cause a sense of sexual shame by photographing the body part of the body of the female victim, in the name of the victim who suffered a verification color fluort, using the subway No. 4 in subway No. 11112, a subway No. 4, a subway No. 11112, and smartphones with the inner function of the camera function, and taking the body of the victim who might cause a sense of sexual humiliation.

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. Report of investigation (explication of criminal records), application of photographic Acts and subordinate statutes;

1. Relevant Article on criminal facts, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

1. Penalty of KRW 1,00,000, which is to be suspended; and

1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the Criminal Act of the Suspension of Pronouncement of Sentence [The defendant is the first offender, the defendant was living in good faith, the defendant was committing the crime of this case, the defendant's failure to repeat the crime of this case, the parent of the defendant's mother is against the defendant's guidance, and the defendant's age, character and conduct, family relationship, circumstances before and after the crime, etc. are considered];

1. Article 48(1) of the Criminal Act provides that Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with the Registration of Personal Information provides that a conviction on a sex offense subject to registration becomes final and conclusive.

However, this court has a duty to submit personal information to related agencies pursuant to Articles 42(1) and 43 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes when the suspension of sentence becomes invalidated in accordance with Article 61(1) of the Criminal Act.

The defendant is admitted due to the age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, disclosure order or notification order of the defendant exempted from disclosure order or notification order.

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