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(영문) 수원지방법원 안양지원 2013.09.06 2013고단884

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.

Reasons

Punishment of the crime

On April 26, 2013, the defendant taken his sexual organ using his mobile phone camera in order to arouse or satisfy his sexual desire at the dwelling of the defendant located in the Boyang-gu B Mayang-si B Mayang-gu, Annyang-si, Annyang-si, and then the defendant was a male who is 17 years of age and '17 years of age.'

'The text messages' were transmitted to the cell phone of the victim C(Y, 37 years of age).

From that time until June 3, 2013, the Defendant sent the victim’s cell phone text messages and self-defensive images that he/she would have his/her sexual organ taken five times in total at the same place, and made the victim feel a sense of shame.

As a result, the Defendant sent the images that may cause sexual humiliation or aversion by using communication media to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of investigation reports (influences, such as sex photographs), telephone conversationss (influences of the victim by the suspect) and Acts and subordinate statutes;

1. Article 12 of the relevant Act on Criminal Crimes and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply), the selection of fines, etc.

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed before order to complete program;

1. Where a conviction of a defendant against a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, 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 a related agency pursuant to Article 43 of

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, result and the defendant of the disclosure order or notification order.