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(영문) 수원지방법원 평택지원 2014.08.28 2014고단980

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

1. The defendant shall be punished by a fine of two million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

Around 14:31 on July 15, 2014, the Defendant served as a site warden at the construction site of the U.S. 8 Military Command located in Pyeongtaek-si B, and sent obscenity images containing sexual acts between the male and female members of the 7th between the two parties, i.e., between the two parties, e., between the two parties, i.e., between the two parties, and the two parties, and became aware of the Defendant’s sexual desire at the construction site.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes to photographs of the victim or suspect mobile phone screen;

1. Relevant Articles on criminal facts and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;

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 conviction on the criminal facts indicated in the judgment against the defendant who has registered personal information under Article 334 (1) of the Criminal Procedure Act becomes final and conclusive, the defendant shall be subject to the registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and shall be obliged to submit personal information to the head of a police office having jurisdiction over his/her domicile

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it is determined that the case constitutes a special circumstance in which personal information shall not be disclosed pursuant to the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, such order shall not be sentenced.

The reason for sentencing is that the defendant is living together with the confession of the crime, there is no record of the same punishment, there is no record of punishment exceeding the fine, and there is some motive for the crime.