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(영문) 의정부지방법원 고양지원 2015.06.12 2015고단619

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

A defendant shall be punished by imprisonment with prison labor for four 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 December 18, 2014, the Defendant displayed the image phone c and 204 dong-dong-dong-dong-dong-dong-dong-dong-dong-si around 23:07, and the Defendant displayed the image phone c and 19 years old-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong 204 827, due to the restriction on the phone number display by the victim D (S

Accordingly, the defendant, using a mobile phone image call, sent images that cause sexual humiliation and aversion to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D;

1. Application of the Acts and subordinate statutes to photograph the details of the victim's cell phone calls, and obscene video or telephone images capturing the victim;

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. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Where a conviction against a defendant is finalized on the facts constituting a sex offense subject to the registration of personal information under Article 48(1) of the Confiscation Criminal Act, the defendant 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 defendant is obligated to submit personal information to the competent agency pursuant to

In full view of the defendant's age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree and expected side effects of the defendant's disadvantage and expected side effects, the prevention effect of sexual crimes subject to registration, the effect of protection of the victim, etc., and the fact that the defendant is receiving medical treatment, there are special circumstances that may not disclose and notify personal information pursuant to the proviso of Articles 49 (1) and 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.