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(영문) 대전지방법원 2015.10.30 2015고단2302
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

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

If the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On June 24, 2015, from around 22:15 to 22:30 on the same day, the Defendant sent a female’s b body photograph and dynamic image to the cell phone of the victim C (the age of 55) using the Defendant’s cell phone from the fluoral area.

As a result, the Defendant sent to the victim images that may cause a sense of sexual humiliation or aversion through telephone, mail, computer, or other communication media with intent to arouse or satisfy his or another person's sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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 and Selection of Fines;

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

3. Where a judgment becomes final and conclusive to submit personal information under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused shall become a person subject to registration of personal information prescribed in Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall have the obligation to submit

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The reason for sentencing showed a variety of forms for the defendant to live together with the gird female, which is caused by this.

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