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(영문) 대구지방법원 2014.07.24 2014고단335

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, around 12:50 on June 15, 2013, is running Internet games in Daegu Northern-gu C, Daegu, around 12:50.

The defendant's sexual organ was shown to the victim D (E. 9 years old) who became aware of, by video telephone, to the victim D.

As a result, the Defendant reached the victim with a view to inducing or satisfying his sexual desire, which may cause a sense of sexual humiliation or aversion by telephone.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to report on investigation (the attachment to video CDs and pictures of the victim D);

1. Article 12 of the relevant Act on Criminal Crimes and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply);

1. Suspension of execution (the act that the defendant was exposed to the victim's sexual organ and inflicted mental harm on the victim's age shall be very bad, or that the defendant has no record of punishment for the same kind of crime, that the defendant does not repeat again while breaking a mistake, and that the defendant does not repeat again, and that the defendant's age, inclination, etc. are taken into account);

1. Where a conviction becomes final and conclusive on the instant criminal facts subject to the registration of personal information under Article 16(2) and (4) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant is a person subject to registration of personal information pursuant to Article 5 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by December 18, 2012) and Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. Therefore, the Defendant is obligated to submit the Defendant’s personal information to the head

The defendant enters the military court due to the age, occupation, risk of recidivism, type of crime of this case, motive, process, results and seriousness of the crime, disclosure order or notification order.