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(영문) 서울북부지방법원 2014.07.30 2014고단1413

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

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

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

Reasons

Punishment of the crime

The defendant, around 01:25 on March 25, 2014, on the grounds that the taxi refused to take passengers at the front of the cornerdong branch of the National Bank located in the Yongsan-ro, Seoul Special Metropolitan City, on the ground that the taxi refused to take passengers, the defendant called 120 Dasan Call Center Counselors C (n, 37 years of age) and does not video-recording, on the ground of this year, she does not do so, on the ground of this year, she does not video-recording, shealian, shethma, shethma, shethma, shethma, shethma, and shethma, and this year, on the same ground, on the part of the victim at around 01:29 on the same day.

Accordingly, the Defendant reached the other party that may cause a sense of sexual humiliation or aversion through telephone for the purpose of inducing or meeting his or another person's sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes governing recording records;

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

1. Articles 70 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. The crime committed on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, is not less light, but the punishment as ordered is determined in full view of the following: (a) the defendant has no same criminal record and reflects the defendant; and (b) the defendant's age, character and conduct, family relation, motive, means and consequence of the crime, and circumstances after the crime

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, 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

The age, occupation, risk of recidivism, details of and motive for the criminal defendant to issue an order to disclose or notify personal information.