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(영문) 수원지방법원 평택지원 2016.10.27 2016고단1298

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 23, 2016, at around 01:32, the Defendant sent two copies of his sexual photo pictures that may cause a sense of sexual humiliation or aversion to the victim D (the age of 16) using smartphone C, with a view to inducing or satisfying his sexual desire at the residence located in Ansan-si B.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Article on criminal facts, Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, and Selection of Imprisonment;

1. Article 62 (1) of the Criminal Act on probation;

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes provides that “A person who is finally and conclusively convicted of a crime under Article 13 of the Act shall be subject to registration of personal information” (Article 16(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes) was ruled unconstitutional on March 31, 2016 with respect to the registration of personal information and an order to disclose or notify such information in consideration of the fact that the person was sentenced to a fine of three million won for public performance and obscenity for the reason of sentencing (Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the fact that there was no previous conviction other than the above fine, and the degree of damage and so forth, the

Therefore, the defendant is not subject to a registration of personal information and an order to disclose or notify personal information based on such order.