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(영문) 부산지방법원 2014.01.08 2013고단6476

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 30, 2013, the Defendant: (a) taken his personal body, such as his own sexual flag, etc. at his own home, from May 30, 2013, 01:06, the Defendant sent a cell phone of the victim D (V, 17 years of age) registered as a Kakakao Stockholm using a mobile phone, and sent six copies of a photograph of his sexual flag, etc., taken by sending the message “Iskin No. 17 years of age, Iskin, Iskin.”

As a result, the Defendant sent pictures that cause sexual humiliation and aversion to the victim through communication media with a view to inducing or satisfying his or another person's sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on internal investigation reports (Attachment to Stockholm messages);

1. Article 12 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012)

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution);

1. Where a judgment on the registration of personal information under Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, the accused 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 obligated to submit personal information to a related agency pursuant to Article

An order to disclose or notify the registered information of disclosure or notification order needs to be careful in that it may seriously affect the defendant, and in this case, it is judged that there are special circumstances that may not disclose the personal information, such as where the registration of personal information alone appears to have an effect to prevent recidivism of the defendant, etc. Therefore, it does not issue an order to disclose or notify the registered information.