beta
Text
A fine of two million won shall be imposed on a defendant.
Where the defendant fails to pay the above fine, one million won shall be the one day.
Reasons
Punishment of the crime
No person shall have the other party deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation or aversion by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or the other person's sexual desire.
Nevertheless, on February 13, 2016, the Defendant made a new voice that “A, A,” “I,” and “I, I, and I, you, want, I, you, you, you, you, you would, for the purpose of meeting their sexual desire, 01:23 on February 13, 2016, would see the victim D (I, 25 years of age) with a restriction on the transmission of the phone, and would bring about sexual humiliation or aversion of “I, I, I, you want, you, you, you, too love,” which read “I, you will see.”
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on police statements made to D;
1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment (Consideration of punishment, early crime, confession of and reflect on crimes, etc.);
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 of the Korea has issued an order to register or disclose personal information under Article 334(1) of the Criminal Procedure Act to a person subject to registration of personal information, or an order to notify the disclosure thereof.
“Inasmuch as the portion was determined as unconstitutional (2015Hun-Ma688), this part of the legal provision was invalidated.
Therefore, the defendant is not subject to the registration of personal information and the disclosure order or notification order based on the premise.
It is so decided as per Disposition for the above reasons.