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(영문) 광주지방법원 순천지원 2015.05.01 2015고단16
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 31, 2014, around 22:48, the Defendant sent the above images in the same manner nine times from around 2014 to February 3, 2014, as indicated in the annexed List of Crimes, by posting the video call to the victim C (n, 18 years of age) due to the limitation on the number of display to the Defendant’s dwelling located in Macheon-si B, 2014.

Accordingly, the Defendant reached the victim of the images that may cause sexual humiliation or aversion through the communication media with a view to meeting his/her sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Each correspondence data meeting;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes (a point of obscenity using each communication medium);

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that the registration of personal information and the obligation to submit such information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is obligated to submit

The defendant's age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order of personal information, the preventive effect and effect of the sexual crime subject to registration which can be achieved due to such order, and the protection of the victim.

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