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(영문) 대전지방법원 천안지원 2016.07.01 2015고단930
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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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

On March 26, 2015, from around 22:42 to 23:44 on the same day, the Defendant: (a) taken his or her sexual organ into a mobile phone at regular Eup/Myeon; (b) taken his or her sexual organ into a mobile phone, then entered or divided it at any time, and sent the text message at any time, which is called “mast’s seat” into a cell phone of the victim C (V, 36 years of age) with his or her photograph attached thereto, on three consecutive occasions.

Accordingly, the Defendant sent to the other party images that may cause sexual humiliation or aversion through the communication media with a view to inducing or satisfying his own sexual desire.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of the photographic Acts and subordinate statutes;

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

1. Article 70(1) and Article 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 to Order;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the following: (a) the Defendant’s age, occupation, risk of repeating a crime, details and motive of the crime, method and motive of the crime; (b) seriousness of the crime; (c) the degree and anticipated side effects of the disadvantage or injury of the Defendant due to the disclosure or notification order; (d) the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom; and (e) the effect of the protection of the victim; (b) the disclosure of personal information pursuant to the proviso of Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; (c) the disclosure of personal information pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

Since it is judged, it is not ordered to disclose or notify the defendant.

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