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(영문) 수원지방법원 성남지원 2016.06.24 2016고단442

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Defendant’s proposal is required from December 26, 2015 to December 19:46, 2015 by using his/her mobile phone for the purpose of meeting his/her sexual desire at the management office of apartment B in Seongbuk-gu in Seongbuk-gu in Seongbuk-gu in Gyeonggi-do, and from around 18:0 to 19:46.

I would like to drink too;

No. 500,000

“..” The auditor wishes to be prompt.

Magresponding to see the end;

â…………§ 60â……………………………………

I am I am I am I am I am I am I am I am I am I am I am I.

Before the bit of a bit of a bit of a bit of a bit of a bit.

Audit and Inspection Agency, “I” shall comply with the Audit and Inspection Agency.

In approximately 20 times, the text message of the apartment building " reached the cell phone of the victim C (n, 42 years of age) who is the representative of the apartment building.

As a result, the Defendant sent text messages that may cause sexual humiliation or aversion to the victim through the communication media with a view to inducing or satisfaction of sexual humiliation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigative reports (the details of text messages received to victims), application of Acts and subordinate statutes governing the filing of a complaint;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of an alternative fine for punishment (the point of reflection and the point of agreement with the victim);

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The Constitutional Court, on March 31, 2016, issued an order to register or disclose personal information under Article 334(1) of the Criminal Procedure Act with respect to a provisional payment order, shall be a person subject to registration of personal information, who is finally convicted of a crime under Article 13 (obscenity by means of communications media) in Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

Since “The part” was decided to be in violation of the Constitution (The Constitutional Court Decision 2015Hun-Ma688 Decided March 31, 2016), this part of this Act retroactively lost its effect.

Therefore, the defendant is subject to the registration of personal information and an order to disclose personal information on the premise thereof.