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(영문) 수원지방법원 안양지원 2016.04.15 2015고단1725

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On August 16, 2015, the Defendant: (a) married at around 10:17, Mapo-si, Mapo-si, Dapo-si, 401, to a mobile phone (D) 301; and (b) changed the victim E (F) to a mobile phone (F) of the victim E (the 26-year-old age) at around 16, 201; and (c) laid down, or laid down, and did not look back, and did not see the same; and (d) did not grow, and even if it was good, it would be good for the Defendant to start food.

From August 17, 2015 to August 22:36, 2015, the term “Isia in this area” sent a text message “Isia in this area and sent it to the victim, and from that time, from August 17, 2015 to August 22:36, 2015, I reached the victim with a view to inducing or meeting the Defendant’s sexual desire through mobile phones for the purpose of causing or meeting the Defendant’s sexual humiliation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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 (a favorable condition, such as the fact that an agreement has been reached with the victim, the defendant committed a crime, and reflects it);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. On March 31, 2016, the Constitutional Court for the registration of personal information of Article 334(1) of the Criminal Procedure Act, which is subject to provisional payment order, shall be a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

“ Inasmuch as the portion was determined as unconstitutional (2015HunMa688), this part of the legal provision was null and void.

Therefore, the defendant was not subject to an order of disclosure or notification of personal information on the premise of a person subject to registration of personal information.