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(영문) 전주지방법원 2014.11.13 2014고단1184

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

At around 01:54 on March 27, 2014, the Defendant: (a) around 01:54, the Defendant, using the Defendant’s cell phone 103 602-dong D apartment 103, the Defendant’s seat located in Toynsan-gu C, with a view to meeting his/her sexual desire; (b) used the Defendant’s mobile phone matting “Kakakao Stockholm,” which he/she became aware of the Defendant’s sexual common sense, for the purpose of satisfying the Defendant’s sexual desire, sent to Korea, if he/she wanted to drink, she is very serious, and if he/she is no other relative, he/she would be able to drink.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes of photograph (Kakaoo Stockholm photographs);

1. Relevant Articles on criminal facts and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Although the nature of the crime in this case for sentencing on the ground of Article 334(1) of the Criminal Procedure Act, considering the method of the crime in this case and the content of obscene language, etc., the defendant is not less than 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, the defendant becomes a person subject to registration of personal information pursuant to Article 42(1) of the same Act, in a case where it is confirmed that he is guilty of a sex crime in this case, who is subject to registration of personal information to submit personal information in consideration of the following circumstances, such as the defendant's age, character and conduct, environment, and family relationship, under the influence of alcohol due to his own mental stress on the grounds that he is living together with his own economic problems, and the defendant does not work as an additional crime; the defendant has no criminal history of the same kind of crime; and the defendant is late and is not moving