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(영문) 수원지방법원 2014.02.07 2013고단6167

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

At around 22:59 on July 31, 2013, the Defendant sent video products stored in his/her mobile phone to the victim D (n, 44 years of age) through the Kakao Kao Kaoo Kaoo Kaoo c., a mobile phone, at the office located in Young-gu, Young-gu B, Young-gu, 2013 to the victim’s handphones.

Accordingly, the Defendant sent to the victim images that cause sexual humiliation through communication media with a view to meeting his own sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim D;

1. Application of Acts and subordinate statutes concerning photographic images;

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 and Selection of Fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the Defendant’s mistake is divided; (b) the Defendant agreed to do so with the victim; (c) the Defendant has no power to commit the same kind of crime; (d) the Defendant’s age, character and conduct, environment, and circumstances after the crime; and (e) the sentence was determined as ordered by taking into account

Where a conviction becomes final and conclusive against a defendant on the criminal facts in the judgment that are subject to the registration of personal information, 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 personal information to the relevant agency

When considering the Defendant’s age, occupation, risk of repeating a crime, type of the instant crime, motive, process, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., a child or juvenile’s order.