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(영문) 대구지방법원 2015.01.15 2014고단5438

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

No person shall allow another person to deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual shame or aversion to another person, with intent to arouse or satisfy his/her own or another person's sexual desire.

Nevertheless, at around 19:49 on August 14, 2014, the Defendant sent the text message “Chophophophophophophophoph from the Defendant’s dwelling place in Daegu North-gu, Daegu-gu, by using the Kakakaox,” which read “Chophophophophophophoph from the Defendant’s dwelling place” to the other party, as indicated in the list of crimes in the attached Table from around 17 to August 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes governing the investigation report (Stockholm content attachment);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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;

1. Where a judgment of conviction becomes final and conclusive on the instant criminal facts of which personal information is registered under Article 334(1) of the Criminal Procedure Act, the Defendant 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 is obliged to submit the personal information of the Defendant to the head of the competent police office pursuant

The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, severity of crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, and the expected side effects.