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(영문) 창원지방법원 통영지원 2014.12.30 2014고단739

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On July 22, 2014, the Defendant sent a text message to the victim D through the Kakakao Kakao Messen, a communication medium, for the purpose of meeting his sexual desire at the Kaoto B at the 11:43 time, and sent a text message “as soon as possible,” which causes a sense of sexual humiliation to the victim D (the age of 31).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to photograph the transmitted photographs and text messages;

1. Relevant legal provisions concerning facts constituting an offense, Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of a fine (including the fact that there is no criminal record of the same kind of crime or imprisonment without prison labor or any heavier punishment, and the fact that

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Where a judgment of conviction becomes final and conclusive on the criminal facts that are subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant constitutes 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 thus, is obligated to submit personal information to the head of the competent police office in accordance with

In light of the defendant's age, occupation, criminal records, risk of repeating a crime, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree and expected side effects of infringement of the defendant's personality rights, the preventive effects and effects of sexual crimes subject to registration which can be achieved due to such order, the effect of protecting the victim, supplement of disclosure order or notification order as the exercise of governmental authority, etc., it is judged that there are special circumstances that may not disclose personal information, and thus, the defendant is not ordered to issue disclosure order or notification order.