성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
A fine of three million won shall be imposed on a defendant.
Where the defendant fails to pay the above fine, one million won shall be the one day.
Punishment of the crime
On December 31, 2015, around 17:21, 2015, the Defendant: (a) called “the restriction on the indication of the sender” using the Defendant’s mobile phone for the purpose of inducing or meeting his/her own sexual desire in Gwanak-gu Seoul Special Metropolitan City as “the restriction on the indication of the sender”; and (b) called “the victim’s cell phone from the victim E (e.g., 28 years old); and (c) the victim’s sexual intercourse with the victim’s male-friendly appearance, and (d) the victim’s death.
From the time of ‘' to January 7, 2016, from the time of ‘the phrase,' to January 7, 2016, the phrase causing sexual humiliations by telephone over five times, such as the list of crimes in the annexed crime list, reached the victim respectively.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes on a petition;
1. Relevant Article of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes ( comprehensively taking into account the fact of crime, including the selection of fines, initial
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. On March 31, 2016, the Constitutional Court of the Korea has issued an order to register or disclose personal information under Article 334(1) of the Criminal Procedure Act to a person subject to registration of personal information, or an order to notify the disclosure thereof.
“Inasmuch as the portion was determined as unconstitutional (2015Hun-Ma688), this part of the legal provision was invalidated.
Therefore, the defendant is not subject to the registration of personal information and the disclosure order or notification order based on the premise.
It is so decided as per Disposition for the above reasons.