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(영문) 서울북부지방법원 2015.01.28 2014고단3831
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall allow another person to deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual shame or aversion by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or another person's sexual desire.

Nevertheless, from December 21, 2013 to December 12:48 of the same day, the Defendant sent text messages to the victim D’s smartphone (E) Kakakaox through his own smartphone (C) Kakaoxy to the victim D’s smartphone (E), thereby reaching the victim’s sexual humiliation or aversion by sending text messages to the victim’s Kakaox, “I am dial, I am, I am am, I am am, I am am, I am am, I am am, I am am am, I am am, I am am, I am am, I am am am, I am am am you am.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

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;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order does not constitute a criminal offense against the defendant and reflects the same type of punishment, while the defendant does not agree with the victim, and the defendant's age, character and conduct, family relation, motive, means and consequence of the crime, circumstances after the crime, etc. shall be determined as ordered.

Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, the accused 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, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

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