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(영문) 대전지방법원 2014.10.29 2014고단3042

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On August 18, 2014, from around 23:20 to 23:46 of the same day, the Defendant sent the Kakao Kao Kao Kao Kao Kao Kao Kao Mao, which read the victim’s Handphone to the Handphone of the victim’s (the 13-year-old age-).

As a result, the Defendant sent to the victim a letter that may cause sexual humiliation or aversion through telephone, which is a communication medium, with a view to inducing or satisfying his or another person's sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Photographs;

1. Application of the Acts and subordinate statutes on replies;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. When a conviction on the facts of a sex crime subject to registration and submission of personal information is finalized in the judgment that has no record of being subject to punishment for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, etc., 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

In light of the Defendant’s age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, the degree and expected 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 which may be achieved therefrom, and the effect of protecting the victims thereof, etc., personal information shall be personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.