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(영문) 인천지방법원 2013.10.17 2013고단4976

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant, while displaying a video image with a gender in the Internet video wrap (B), had a mind to transmit it to women by using cell phones after searching a video image used by the male for self-defense in the video wrap, which is in a sexual relationship with each other.

On July 5, 2013, the Defendant discovered a cell phone number of the victim C (n, 13 years of age) that he had become aware of her birth at the Kakakao Kakaoth of her birth. On July 5, 2013, around 18:08, the Defendant sent the images of the victim’s cell phone numbers to her own possession of the D Building 201, 1504, Incheon Seo-gu, Seo-gu, Incheon, without indicating the cell phone numbers.

Accordingly, the Defendant sent to the victim images that may cause a sense of sexual humiliation or aversion by telephone with intent to arouse or satisfy his or another person's sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on records of each case

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

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

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

1. Where a judgment of conviction becomes final and conclusive on the facts constituting a crime indicated in the judgment on the registration of personal information under Article 334(1) of the Criminal Procedure Act, 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 is obliged to submit personal information

The defendant's age, occupation, risk of recidivism, motive, progress and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, the prevention and effect of sexual crimes subject to registration which can be achieved thereby, and the protection effect of the victim.