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(영문) 서울중앙지방법원 2018.09.03 2018고정1552

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

피고인은 2017. 1. 3. 경 장소를 알 수 없는 곳에서 컴퓨터를 이용하여 피해자 D( 여, 25세) 가 방송 중인 인터넷방송 E에 아이디 ‘F', 닉네임 'G' 로 접속하여 다른 사람들이 모두 볼 수 있는 그 채팅 창에 “ 밑에 � 이 털이 퍼플색이라고 ” 라는 내용의 글을 게시하였다.

As a result, the Defendant reached the other party that may cause sexual humiliation or aversion through communications media, such as computers, with a view to inducing or satisfying his or another person's sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Data for each course of closure attached to a complaint filed by D;

1. Application of Acts and subordinate statutes on police statements made to D;

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

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. According to the proviso of Article 59(1) of the Criminal Act (see, e.g., Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes where a person who is subject to registration of new information and is sentenced to a fine for a crime under Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, he/she is excluded from a person subject to registration of personal information. Thus, the defendant is not a person subject to registration of personal information and is not obliged to submit personal information to the head of a police office having jurisdiction over the police station.