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(영문) 대전지방법원 천안지원 2015.08.18 2015고단981

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall have the other party reach the other party any writing that may cause sexual humiliation or aversion with the intention to arouse or satisfy his/her own or the other person's sexual desire.

Nevertheless, at around 00:19 on May 20, 2015, the Defendant sent five times a year to the victim L(Y.S.S.C. 202 and 904, by accessing the third party’s computer (www.S.S.S.C.com)’s Internet site, and sent five times a statement to the victim L(30 years of age), “w.s.s. w.s. w.s. w.s. w.s. w.s. w. w. w. 30 years of age,” and “g. g. g. g. g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g. g., g., g., g., g., g.).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning L;

1. Application of the Acts and subordinate statutes for photograph explanation;

1. Relevant Articles of the Act on Criminal Crimes and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment.

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where a conviction on a sex offense subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order becomes final and conclusive, 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 the accused is obligated to submit personal information

The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, seriousness of crime, disclosure order or notification order is expected to be disadvantageous to the defendant due to the exemption of disclosure order and notification order.