beta
(영문) 수원지방법원 안양지원 2016.04.15 2015고단1877

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

On July 25, 2015, the Defendant: (a) visited the victim E (F) who is connected to the same room, using a computer, with IDC, or D’D’; and (b) wanting to look at the victim E (F’s conversation) with the balthm stress, too physically and physically, so that it is difficult for the Defendant to look at the victim E (F’s conversation) with the same room.

It transmitted a conversation to the effect that “I want to grow 69” from the beds to the effect that I want to do so.

As a result, the Defendant reached the victim with a view to inducing or satisfying his or another person's sexual desire, which may cause sexual humiliation or aversion through communications media.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. On March 31, 2016, the Constitutional Court for the registration of personal information of Article 334(1) of the Criminal Procedure Act, which is subject to provisional payment order, shall be a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

“ Inasmuch as the portion was determined as unconstitutional (2015HunMa688), this part of the legal provision was null and void.

Therefore, since the defendant is not subject to a person subject to registration of personal information or an order to disclose or notify personal information on the premise of such order, the defendant is not subject to an order to disclose or notify the personal information.