성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (2 million won of fine and 8 hours of completion of sexual assault treatment programs) declared by the court below is too unreasonable.
2. When the prosecutor who made an ex officio reversal of the instant provisions of the applicable provisions of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 1156, Dec. 18, 2012) applied for the amendment of the Act to “Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes,” and the court applied for the amendment of the Act to “Article 13 of the Act on Special Cases Concerning the Punishment, etc.
The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without proceeding to decide on the grounds for appeal by the defendant, and the judgment is again ruled as follows.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 13 of the relevant Act on Criminal Crimes and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. If a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that the person is subject to the obligation to register personal information and submit such information under Article 334(1) of the Criminal Procedure 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
The defendant's age, occupation, records of the crime, contents and motive of the crime, method and consequence of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, and the registration that can be achieved due to such order.