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(영문) 수원지방법원 2018.07.12 2018고정961

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

피고인은 2017. 10. 6. 00:30 경 용인시 처인구 B 이하 장소 불상지에서 ‘C' 라는 닉네임으로 ’ 리그 오브 레 전드 (LOL)' 컴퓨터 게임에 접속하여 위 게임을 실행하던 중, 닉네임 ‘D ’를 사용하는 피해자 E( 여, 23세 )에게 위 게임 내 채팅 기능을 이용하여 “ 이 하고 싶은 거 해 대신 섹스만 해 줘. 섹스만 해 줘. 쟤 네 들 무 시해 내가 보 빨 할게.

I transmitted the text "Obi 22 centes".

As a result, the Defendant sent words that may cause sexual humiliation and aversion to the victim through communication media, such as computers, with a view to inducing or satisfying his or another person's sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. According to Article 42(1) of the Criminal Procedure Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes which shall be registered and non-existence of personal information under Article 334(1) of the Criminal Procedure Act, a crime under Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is excluded from a person subject to registration of personal information. Thus, the defendant is not a person subject to registration of personal information and is not obliged

When considering the Defendant’s age, occupation, risk of repeating a crime, details and background of a crime, method and seriousness of a crime, crime records, anticipated side effects and expected side effects of a criminal defendant’s disadvantage due to an order of disclosure or notification, the preventive effect of a sexual crime subject to registration that can be achieved, and the effect of protecting the victims, personal information is subject to comprehensive consideration.