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(영문) 부산지방법원 2014.12.17 2014고단8635

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On July 21, 2014, at around 23:35, 2014, the Defendant sent the Defendant’s sexual image from the STX Ocean dormitory located in the STX Ocean special shipbuilding zone 629, to the mobile phone of the victim B ( South, 33 years old). On July 22, 2014, the Defendant want to do so with the Defendant’s sexual image on July 22, 2014, and “I want to do so. I want to do so. I wish to do so. I wish to do. I will b. I will see. I.). I wish to send the text message “I. I will I will want to do it.” On July 23, 2014, along with the Defendant’s sexual image on July 23, 2014.”

As a result, the Defendant reached the victim with a view to inducing or satisfying his or another person's sexual desire, such as words, images, etc. that may cause sexual humiliation or aversion through communications media.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of Handphone text messages), photographs transmitting text messages (number 4, 5 No. 5)

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of a fine by taking into account the fact that the defendant, who has not committed the same criminal offense and has no criminal offense for the last 15 years;

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

1. Where a judgment on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information

The age, occupation, risk of recidivism, type of crime of this case, motive, process, results and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entry due to the disclosure order or notification order, and the expected side effects shall be achieved.