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(영문) 서울남부지방법원 2014.02.14 2013고단4508

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

피고인은 2013. 9. 19. 00:04경 서울 B 소재 상호불상의 술집에서, 자기의 성적 욕망을 만족시킬 목적으로 자기의 휴대전화를 이용하여, 전에 식당에서 같이 일한 직장동료였던 피해자 C의 휴대전화로 ‘나 그전예 탈의실 에서 누나 옷갈아 입는데서 팬티 속에 보지털 R어 그내고추가 벌떡빡빡 해지는거야’라는 내용의 문자메시지를 발송하여, 통신매체를 통하여 성적 수치심과 혐오감을 일으키는 글을 피해자에게 도달하게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to investigation reports (Presentation of text messages);

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 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The details of text messages sent by the defendant to the victim for the reason of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the fact that the defendant has no record of being punished, and the confession of the crime of this case, and the circumstances, means, methods, results, etc. of the crime of this case shall

Where this judgment becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same

An order for disclosure or notification of registered information with regard to an order for disclosure or notification of registered information is required to be careful as it may have a significant impact on the defendant, and in this case, it is judged that there are special circumstances that may not disclose personal information, such as where the registration of personal information alone appears to have an effect to prevent recidivism of the defendant.