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(영문) 대전지방법원 논산지원 2015.10.20 2015고단366

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall deliver to another person any words, sound, writing, picture, image, or object that may cause a sense of sexual shame or aversion through telephone, mail, computer, or other means of communication with intent to arouse or satisfy his/her own or another person's sexual desire. However, the Defendant sent to "B" Tracking comments posted by the victim C (e.g., female clothes, etc.) for sale of products, and then opened a hosting hold to satisfy his/her sexual desire. On April 21, 2015, he/she sent the text "Few, Iew, Iew, Ieth, Ieth, Ieth, Ieth, Ieth, Ieth, Ieth, Ieth, Ieth, Ieth, Ieth, Ieth, Ieth, Ieth, Ieth, Ieth, Ieth, Ieth, Ieth, Ieth, Ieth, Ieth, Ieth, Ieth, Ieth: 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes on the closure of a flag photograph;

1. Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes (hereinafter “Sexual Crimes Punishment Act”)

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

4. Article 16 (2) of the Sexual Violence Punishment Act;

5. When a conviction on a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using a communication medium) in the judgment on the registration of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Sexual Violence Punishment Act, and is obligated to submit personal information to a related agency pursuant

6. An order for disclosure;