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(영문) 수원지방법원 평택지원 2014.08.05 2014고정200
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 31, 2013, the Defendant received a summary order of a fine of three million won for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) in the resident support of the Daegu District Court.

On April 25, 2013, at around 15:54, the Defendant sent to the victim images that may cause sexual humiliation or aversion through a communication medium for the purpose of meeting his sexual desire by using a cell phone device of the victim C (V, 19 years old) who is in Gyeonggi-si using a mobile phone device of the Defendant’s dwelling at the seat of the Defendant, which was located in the Kamera, at around 15:54, 2013.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of the victim C;

1. Statement of D police statement;

1. A written petition;

1. A photograph of the head of the crime;

1. Request for the provision of communication data; and

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;

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

1. To the extent that the accused who committed a sex crime, who committed an order to complete a program under Article 334(1) of the Criminal Procedure Act, is convicted of a fine, order to complete a program should be imposed in principle. However, in the summary order of this case, the accused did not impose an order to complete a program, etc., and only the accused applied for a formal trial, the order to complete a program is not imposed in accordance with the principle prohibiting disadvantageous alteration under Article 457-2 of the Criminal Procedure Act (see Supreme Court Decision 2012Do8736, Sept. 27, 2012). In the event a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration and submission of personal information, the accused becomes a person subject to registration of personal information under Article 42(

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