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(영문) 서울서부지방법원 2014.10.22 2014고단2474

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a victim B and a middle school alumni.

At around 11:28 on March 27, 2014, the Defendant sent to the other party a word that causes a sense of sexual shame through a communication medium by transmitting a letter "as the victim, it was hard to bomb, like bomb, bath blue, blue, blue in the blue, blue, body blue, brue, brue, brue, brue, brue, and blue in the blue in the blue.

Summary of Evidence

1. Defendant's legal statement;

1. B accusation;

1. Application of the Kakao Stockholm statutes

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. Articles 70 (1) 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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are against the defendant, the fact that the defendant is the first offender who has no criminal record, and other conditions of sentencing, such as the defendant's age, character and conduct, family environment, motive and method of the crime, circumstances after the crime, etc., shall be equally considered in determining the punishment as ordered.

If a conviction on a crime subject to registration becomes final and conclusive on the judgment that is a sex offense subject to registration, the accused is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article

The defendant's age, occupation, risk of repeating a crime, motive, method, seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order of personal information, the preventive effect of the sexual crime subject to registration, the effect of protecting the victim, etc. shall be comprehensively taken into account.