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(영문) 서울북부지방법원 2015.06.18 2015고단851
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On December 23, 2014, at around 17:34, the Defendant shown the shape of the Defendant’s self-defense to the victim D, who is a Dasan Call Center, by walking a video phone to 120 Dasan Call Center, using the Defendant’s smartphone, at around 17:34, 2014.

Accordingly, the Defendant sent to the victim the images that may cause sexual humiliation or aversion by telephone with a view to meeting his own sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint;

1. The application of Acts and subordinate statutes of record on video recording (sexual harassment 1);

1. Relevant Articles on criminal facts and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;

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

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

1. For the reason of sentencing under Article 334(1) of the Criminal Procedure Act, in cases where a sentence is determined by an investigative agency, taking into account the details of the offense, means, methods, age, occupation, character and conduct, health conditions, living environment, etc. of the accused as well as all other factors of sentencing, and the recognition of the offense by the investigative agency, in 1989, where a conviction becomes final and conclusive on the facts constituting the offense subject to registration and obligation to submit personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, inasmuch as the accused is a person subject to registration of personal information under Article 42(1) of the same Act, and the accused is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The age, risk of recidivism, contents and motive of the crime, the method and seriousness of the crime, the degree of disadvantage and side effects of the defendant due to the disclosure order or notification order of personal information, and the expected side effects of the defendant.

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