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(영문) 광주지방법원 순천지원 2015.09.25 2015고단889

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 6, 2015, at around 09:31 on March 6, 2015, the Defendant sent video images to the Defendant by phone call from the Defendant’s cell phone so as not to display the phone numbers using the Defendant’s cell phone, and sent the images self-defenseed by the Defendant at the same place in the same manner at around 11:09 on the same day, and sent the images to the other party that cause sexual humiliation or aversion on two occasions with a view to inducing or satisfaction of his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes concerning obscenity;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant reflects the error in depth and is yet ageed, the first offender, etc.);

1. Where a conviction on a sex offense subject to registration becomes final and conclusive under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attend, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal

The personal information shall not be disclosed and notified 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, in full view of the defendant's age, occupation, risk of recidivism, type of the crime in this case, motive, process, seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, the preventive effects of the sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victims, etc.