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(영문) 창원지방법원 2015.06.04 2015고단203

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

On November 26, 2014, at around 14:58, the Defendant sent a phrase that may cause sexual humiliation and aversion to the victim, such as “E, I think, I think, I think, I think, I think, I think, I think, I think, I think, I think, I think, I think, I think, I think, I think, I think, I think, I think,” and “I,” by speaking to a cell phone in use.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes for reporting internal accidents;

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

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that it reflects the fact that it deposits money for victims, the fact that there is no past record of criminal punishment in addition to a fine once);

1. Where this judgment becomes final and conclusive with respect to the registration of personal information under Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused shall be subject to the registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused shall be obligated to submit personal information to the head of a police office

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it shall be deemed that there are special circumstances that may not disclose personal information 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. Thus, an order for disclosure or notification of personal information shall not be pronounced.