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(영문) 춘천지방법원 강릉지원 2014.08.19 2014고단640

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

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

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

Reasons

Punishment of the crime

No person shall allow another person to have the words, images, etc. that may cause a sense of sexual humiliation or aversion by telephone, mail, or any other means of communication, with intent to arouse or satisfy his/her own or another person's sexual desire.

그럼에도 불구하고 피고인은 2014. 5. 4. 11:39경 밀양시 C아파트 203동 102호에 있는 피고인의 주거지에서 휴대전화로 카카오톡 어플리케이션에 접속하여 피해자 D(여, 19세)의 휴대전화로 ‘식사후 휴식보내드려요^^ 스와핑.. ..’이라는 제목의 동영상을 비롯하여 남녀가 성기를 노출하고 성관계를 갖는 장면이 촬영되어 있는 동영상 10개를 전송함으로써 피해자에게 도달하게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Articles of the Act on Criminal Crimes and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment.

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. Where a conviction on the criminal facts indicated in the judgment against the defendant who has registered personal information under Article 334 (1) of the Criminal Procedure Act becomes final and conclusive, the defendant shall be subject to the registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and shall be obliged to submit personal information to the head of a police office having jurisdiction over his/her domicile

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it is determined that the case constitutes a special circumstance in which personal information shall not be disclosed pursuant to the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, such order shall not be sentenced.