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(영문) 창원지방법원 밀양지원 2013.07.25 2013고단315

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On September 7, 2012, at around 22:30, the Defendant sent a text message to the victim D (at around 22:30, 9 years of age) registered as Kakaokaox and a text message from the Defendant’s office located in Kakaox, and sent the Defendant’s sexual photographic photographic file to the victim via Kakaox, and sent the victim’s photographic photographic photo to the victim via Kaoox, and “the photographic photographic photographic photographic photographic photographic” and “the photographic photographic photographic photographic photographic photographic.”

As a result, the Defendant sent to the other party letters, pictures, and images that may cause a sense of sexual humiliation or aversion through the communication media with a view to inducing or satisfying his own sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to photographs of mobile phone contents;

1. Article 12 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); Selection of fines, etc.

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (the conversion of 50,000 won into one day) of the Criminal Act for the detention in a workhouse;

1. Article 59(1) of the Criminal Act provides that Article 42(1) of the Act on Special Cases concerning the Registration of Personal Information and the Punishment, etc. of Sexual Crimes to be submitted shall be deemed a person subject to registration of personal information when a conviction on a crime subject to registration becomes final and conclusive, on the grounds that the crime subject to registration is a sex offense.

However, this court has a duty to submit personal information to a related agency pursuant to Articles 42(1) and 43 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes when the suspension of this case becomes invalidated pursuant to Article 61(1) of the Criminal Act.

A defendant who is ordered to disclose or notify personal information.