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(영문) 부산지방법원 2015.05.20 2015고단1704

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

피고인은 2014. 11. 25. 13:47경 부산 일대 불상지에서 자신의 성적 욕망을 만족시킬 목적으로 피해자 C(여, 31세)에게 발신자제한표시로 전화를 걸어 약 3분 가량 “하고 싶다, 빨고 싶어, 벌려봐, 핥아 줄게”라고 하면서 신음소리를 내는 등 성적 수치심을 일으키는 말을 피해자에게 도달하게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Details of currency;

1. Application of Acts and subordinate statutes to investigative reports (scam lists, photographs, and tape-recording files);

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

1. Where a conviction becomes final and conclusive with respect to a crime subject to 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 under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which the disclosure of personal information may not be disclosed or notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and