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(영문) 서울중앙지방법원 2014.04.16 2013고단8405

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

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

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

Reasons

Punishment of the crime

On November 9, 2013, the Defendant sent to the victim C (the age 24) who was a woman-friendly Kakaook, which was installed on the Defendant’s cell phone at a place unclaimed place, the word “I am flusium,” “I am flusium,” “I am flusium,” “I am flusium,” “I am flusium,” and “I am ambbsium, I am ambbsium, and women are blusium, and I am am amblusium.”

As a result, the Defendant sent to the victim a letter that may cause sexual humiliation or aversion through the transmission of text messages using mobile phones with a view to inducing or satisfying his or another person's sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The defendant is a primary offender who does not agree with the victim on the reason of sentencing in Article 334(1) of the Criminal Procedure Act of the provisional payment order. The defendant is under the influence of liquor as to his/her objection, and the crime of this case is divided and seriously reflected in the crime of this case, and the defendant's family members and society have a relation with the defendant's family members and society, where the conviction of the defendant against the crime of this case, which is subject to registration of personal information, becomes final and conclusive, the defendant is 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, and is obligated to submit personal information to the related agency pursuant to Article

An order to disclose or notify the defendant's age, occupation, risk of recidivism, details and motive of the crime, method of the crime, seriousness of the crime, and disclosure order.