beta
(영문) 청주지방법원 2014.12.05 2014고단1265

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

피고인은 2014. 8. 31. 00:01경 충남 보은군 B 204호에서, 휴대전화 ‘카카오톡’ 메신저를 통해 피해자 C(여, 18세)에게 ‘섹스하고 싶다, 님이랑 ㅜ, 섹스할래 , 섹스하자 C야, 보지한번대주면, 그만할게ㅋㅋ’라는 메시지를 전송하였다.

As a result, the Defendant reached the other party that may cause a sense of sexual humiliation or aversion through the communication media with a view to inducing or satisfying his or her sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the statutes governing the Kakao Transmission Contents

1. Relevant Acts concerning criminal facts and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes According to the Selection of Penalties;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where the criminal facts indicated in the judgment on the defendant who has registered personal information in consideration of the grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, are found guilty, the defendant is obligated to become 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 submit personal information to a related agency as prescribed in Article 43 of the same Act

In full view of the Defendant’s age, occupation, risk of repeating a crime, motive, progress, seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to an order of disclosure or notification, the preventive effect of sexual crimes subject to registration which may be achieved therefrom, the effect of protecting the victim, etc., the personal information shall be personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.