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집행유예
(영문) 울산지방법원 2016.6.9.선고 2016고단875 판결

성폭력범죄의처벌등에관한특례법위반(통신매체이용·음란)

Cases

2016 highest875 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Use of Communication Means)

obscenity)

Defendant

Tong (68 years, South Korea), Company Board

Residence

Reference domicile

Prosecutor

Kim Flux (Lawsuits) and Kim Jong-sung (Trial)

Imposition of Judgment

June 9, 2016

Text

A defendant shall be punished by imprisonment for not less than five months.

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

The defendant shall be ordered to take a lecture for sexual assault treatment for 40 hours.

Reasons

Criminal History Office

No person shall allow another person to deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation or aversion by telephone, computer, or other communications media, with intent to arouse or satisfy his/her own or another person's sexual desire.

Nevertheless, on January 18, 2014: around 22, 2014, the Defendant sent a text message of Kakaoo Kaoo Kaoo Kao Kao Kao Kao 200, which means a sexual relationship with the victim Doo ○ with the intent to arouse or satisfy his own sexual desire using his mobile phone; however, from around that time to November 29, 2014, the Defendant sent a text message of 00, a picture that causes sexual humiliation to the victim with the intent to arouse or satisfy his own sexual desire as described in the attached list of crimes, and sent it to the other party.

Summary of Evidence (Omission)

Application of Statutes

1. Article applicable to criminal facts;

Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Order to attend lectures;

Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) of the Act on the Punishment, etc. of Sexual Crimes provides a sentence as ordered by the court, comprehensively taking into account all the circumstances, including the following: (a) the Defendant’s age, character and conduct, family relationship, home environment, motive and means of the crime, circumstances after the crime, etc.: (b) the victim’s sexual humiliation and insult as well as the peace in daily life is significantly infringed; (c) the victim’s sexual humiliation and insult; (d) the victim is against the Defendant; and (e) there is no other criminal power, other than once a fine due to drunk driving on August 2004; and (e) the Defendant’s age, character and conduct, family relationship, home environment, motive and means of the crime, and circumstances

With respect to the registration of personal information and the disclosure order or notification order;

On March 31, 2016, Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the Constitutional Court shall be a person subject to registration of personal information who has become finally and conclusively convicted of committing a crime referred to in Article 13 of the Act. "The Court shall determine the relevant portion as unconstitutional, and (2015Hun-Ma688), and since this part of the Act becomes null and void, the accused shall not be subject to registration of personal information, and therefore, shall not issue an order to disclose

Judges

Judges Lee Jong-sung

Site of separate sheet

·Omission of the list of crimes;