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(영문) 전주지방법원 2018.10.26 2018고단1341
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 26, 2018, the Defendant sent to the victim E (the age of 13) (the family name, the family name, the family name, the age of 13) photographs of his sexual organ taken by using his/her cell phone to the victim E (the age of 13) who was recommended as friendship to D, using his/her own cell phone at the welfare facility for the disabled in Kim Jong-si B, Kim Jong-si on three occasions, and “the telephone number is changed;

The message “I wish to report to the body” was transmitted.

Accordingly, the Defendant sent to the other party letters, etc. that may cause sexual humiliation or aversion through communications media with a view to meeting his/her own or another person's sexual desire.

Summary of Evidence

Application of the provisions of the Police Statement to the Defendant’s legal statement E

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. An order to disclose registered information pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Children and Juveniles under the Act on the Protection of Children and Juveniles against Sexual Abuse shall not be issued, taking into account all the circumstances, including the details of the crime of exempting the disclosure of registered information under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the status of the defendant, and the need for disclosure of registered information, etc.

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