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(영문) 광주지방법원 순천지원 2018.07.13 2018고단559

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

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

Nevertheless, the Defendant, at around October 16, 2017, using a DNA app 107-dong 802 installed in his/her father’s mobile phone at around 21:23, 2017, using a DNA app installed in his/her father’s mobile phone (n, 28 years of age) for the cell phone of the victim E (n, b8 years of age).

“The text of this case was transmitted.”

Accordingly, the Defendant sent to the victim a writing that may cause sexual humiliation or aversion with a telecommunications medium for the purpose of inducing or meeting his own sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006Da1548, Apr. 1,

1. Where a conviction becomes final and conclusive on the crime of this case, which constitutes a sex offense subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 the head of the competent police office pursuant to Article 43

The defendant's age, occupation, risk of recidivism, type of crime, motive, process of crime, disclosure order or notification order of this case is exempted from disclosure order, the degree of disadvantage and anticipated side effects of the defendant's disadvantage, and the registration that can be achieved due to such order.