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(영문) 서울중앙지방법원 2014.10.22 2014고단6030

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

around 22:00 on January 14, 2014, the Defendant sent to the Victim C (Woo, 47 years of age), D (n, 42 years of age) “The sole fact that milch is viewed as smil,” which is a part of the smile of the smile of the smile and the smile of the smile, and the smile of the 8 minutes of the smile. E, along with the content “E, sent a video linked to approximately 8 minutes of the smile and the smile, etc. of which the foreign women are exposed to.”

Accordingly, the defendant sent a video image that causes sexual humiliation or aversion to the victims by telephone for the purpose of inducing or meeting his or another person's sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement about D and C;

1. Each complaint;

1. Stockholm photographs;

1. Application of this Act by capturing a photograph of images;

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. Fine of 2,500,000 won which is to be sentenced; and

1. Articles 70 and 69(2) of the former Criminal Act (wholly amended by Act No. 12575, May 14, 2014) (wholly amended by Act No. 12575, Oct. 1, 200)

1. Article 59(1) of the Criminal Act provides that Article 59(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment (including the age, occupation, character and conduct, family relationship, circumstances before and after the crime committed) provides that a person subject to registration of personal information becomes final and conclusive when a conviction on the facts constituting a sex offense subject to registration becomes final and conclusive.

However, this court has suspended the sentence against the accused, and the accused is subject to Articles 42(1) and 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes where the suspended sentence becomes invalidated in accordance with Article 61(1) of the Criminal Act.