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red_flag_2(영문) 대전지방법원 2015.2.4. 선고 2014고단4259 판결

모욕,성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Cases

2014 Highest 4259, Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Telecommunications)

Use of Media obscenity

Defendant

A

Prosecutor

Lee Peace (Court of Prosecution) and Lee Jin (Court of Justice)

Defense Counsel

Attorney B (Korean National Assembly)

Imposition of Judgment

February 4, 2015

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Criminal facts

On September 25, 2014, at around 01:30 on September 25, 2014, the Defendant, while playing the Internet game rigbrid, was in the same letter as the victim C (the age of 23) at an influent place, sentenced the victim to take a bath for the victim on the ground that the victim was unable to well-being the game and became the other party.

At the time and place specified in the preceding paragraph, the Defendant took a bath to the following: “Snicking 1 pambling c.m.,” “C Simbling mar,” “C Simbling mar,” *** A71 pamba,” and “Cambling mar” at a string hall which can be seen by the said victim and approximately 10 game users.

As a result, the Defendant made the victim feel a writing that may cause sexual humiliation and aversion through the communication media with a view to satisfy his/her sexual desire, and made the victim feel sexually insulting.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

Application of Statutes

1. Article applicable to criminal facts;

Article 311 of the Criminal Act and Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the use of communications media as obscene)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Selection of Fines

1. Invitation of a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order to complete programs;

Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Reasons for sentencing

Considering the fact that there is no criminal record of the same kind, the content of the transmitted text, etc.

Registration and Submission of Personal Information

When a conviction on a sex offense subject to registration becomes final and conclusive, the defendant is subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the relevant agency as prescribed in Article 43 of the same Act.

Exemption from Information Disclosure Order or Notice Order

In light of the Defendant’s age, occupation, risk of repeating a crime, motive, progress, seriousness of a crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage and expected side effects, the preventive effects of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victims of sexual crimes, etc., it is determined that there are special circumstances that may not disclose or notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso of Article 49(1) and proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, no disclosure order or notification order shall be issued to the Defendant.

It is so decided as per Disposition for the above reasons.

Judges

Judges Cormoon