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(영문) 수원지방법원 안양지원 2016.05.20 2016고단196
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On October 2, 2015, the Defendant sent video products containing the sexual desire of an unspecified male and female to the victim B (the age of 49) using the Kakakao Stockholm on October 2, 2015, thereby allowing the victim to receive images, etc. that may cause sexual humiliation or aversion through a communication medium for the purpose of inducing or meeting his/her or another person's sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes to photographic data (a Kakao Stockholm message creation);

1. Relevant Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Selection of Fines (a favorable circumstance, such as confession and reflection);

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. On March 31, 2016, the Constitutional Court for the registration of personal information of Article 334(1) of the Criminal Procedure Act, which is subject to provisional payment order, shall be a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

“ Inasmuch as the portion was determined as unconstitutional (2015HunMa688), this part of the legal provision was null and void.

Therefore, since the defendant is not subject to a person subject to registration of personal information or an order to disclose or notify personal information on the premise of such order, the defendant is not subject to an order to disclose or notify the personal information.

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