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(영문) 서울동부지방법원 2015.09.10 2015고단1932

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 14, 2014, the Defendant: (a) around 06:11, at the Defendant’s residence located in Seongdong-gu Seoul Metropolitan Government, sent a cell phone (E) of the victim D (E) with no knowledge that the phone number is not displayed by the Defendant’s Internet phone (C) installed therein; and (b) sent a phone to the victim “to put the phone into four scam, good before, good, and hump immediately, and humpedly,” thereby reaching the victim with a view to meeting his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigative reports (report on attachment of voice files with obscene telephones to victims);

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 (1) 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. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has not been recovered, the defendant has a duty to submit personal information to the competent agency pursuant to Article 43 of the same Act because 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, in cases where the conviction of the criminal facts stated in the judgment that are sex crimes subject to registration becomes final and conclusive, taking into account the fact that the defendant has been found guilty, the defendant has no criminal record of the same kind of crime, the fact that the defendant has no criminal record of the defendant,

The age, occupation, risk of recidivism, details and motive of the crime, method and consequence of the crime, and seriousness of the crime, order of disclosure or notification of personal information of the accused.