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(영문) 대구지방법원 2014.06.12 2014고단1730

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall have the other party deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation or aversion by telephone, mail, computer or other means of communication, with intent to arouse or satisfy his/her own or another person's sexual desire.

Nevertheless, for the purpose of inducing or meeting his or another person's sexual desire, the Defendant sent text messages to the other party, such as the words, sounds, letters, pictures, images, or things that may cause sexual humiliation or aversion through the communications media, such as the transmission of text messages to the other party at around 12:02 on January 29, 2014, by using the Defendant's mobile phone, and at around 11:45 on January 29, 2014, as the mobile phone of the victim C (the south, and the age of 42) using the Defendant's mobile phone, “I wish to be promptly humbed” on the same day, at around 12:02.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, D, E, F, G, H, and I;

1. Characters and photographs;

1. As a result of the analysis, the application of the Acts and subordinate statutes on CDs and obscene letters;

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 elective Punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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 of a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit the personal information of the Defendant to the head of the competent police office pursuant to Article 43

The defendant's age of the order of disclosure or notification;