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(영문) 부산지방법원 2016.01.21 2015고단7112

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 23, 2015, at around 14:36, the Defendant, using his/her portable phone, which is a communication medium, posted a telephone to the victim C (the age of 12) on July 23, 2015, and “I me soon”.

Madnash Madnash, so far as soon as possible;

1. At first time under this section:

밑에 한 번만 핥아 줘요

“In order to arouse or satisfy one’s own sexual desire, the horses that may cause sexual humiliation or aversion through communications media have arrived at the other party.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D;

1. stenographic records of the statement of damage and telephone conversations at the time of crime;

1. Application of Acts and subordinate statutes on mobile phone pictures;

1. Relevant provisions 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 concerning the crime;

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

1. Where a judgment becomes final and conclusive 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, the accused 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 the accused is obligated to submit personal information to the competent agency pursuant to Article

In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc., there are special circumstances under which the disclosure of personal information may not be notified pursuant to 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.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.