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(영문) 서울동부지방법원 2015.10.15 2015고단2006

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 06:00 on March 29, 2015, the Defendant sent five obscene video images of the Defendant’s home located in Gwangjin-gu Seoul Special Metropolitan City to the victim E (n, 58 years of age) to the mobile phone of the victim E (n, e.g., sexual intercourse with sexual intercourse with the Defendant’s cell phone by using his mobile phone for the purpose of inducing or satisfying his sexual desire at the Defendant’s home located in Gwangjin-gu Seoul Special Metropolitan City, thereby reaching the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to a obscenity message attached to a obscenity video and a photographic to the video images sent by the defendant;

1. The applicable provisions of Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes stated as "the act of intrusion at public places for sexual purposes" in the column of applicable provisions of the indictment under Article 12 of the same Act, but even according to the facts charged itself, the prosecutor can recognize the facts charged for violation of Article 13 of the same Act. Since the above correction is judged to have no particular effect on guaranteeing the defendant's right of defense, the prosecutor shall make a correction as above.

Selection of fine (the defendant is the first offender, and considering the agreement with the victim, etc.)

1. Articles 70 (1) 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 becomes final and conclusive on the facts stated in the judgment that constitutes a sex offense subject to registration, the defendant is 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of the Criminal Procedure Act.

The defendant's age, occupation, or notification order of personal information disclosure.