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(영문) 광주지방법원 순천지원 2015.04.17 2015고단116

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On November 29, 2014, from around 19:20 to November 20:29, 2014, the Defendant sent letters to the victim D (the age of 14) by pretending that he/she was a male high school student under 18 years of age using Stockholm (e-talk) which was hosting with his/her smartphones from around 19:20 to November 30:29, 2014, and by viewing that he/she was a male high school student under 18 years of age.

Accordingly, the Defendant sent comments that cause sexual humiliation to the victim using smartphones, which are communication media, for the purpose of satisfaction of sexual humiliation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A criminal investigation report (affixing photographs, such as letters and notes);

1. Application of the Acts and subordinate statutes to photograph letters, Mestos and Stockholms;

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;

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. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is a sex crime subject to registration 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 to a related agency under

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Act on the Protection of Children and Juveniles against Sexual Abuse shall be comprehensively considered in light of the Defendant’s age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc.