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(영문) 서울중앙지방법원 2015.03.25 2015고단575
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

No person shall have the other party reach the other party any pictures, images, etc. that may cause a sense of sexual humiliation or aversion through communications media with intent to arouse or satisfy his/her own or the other person's sexual desire.

Nevertheless, at around January 4, 2015, the Defendant sent a photograph of his/her sexual organ using his/her mobile phone to the victim E mobile phone in his/her place of residence, which is taking the photograph of his/her sexual organ from the Defendant’s cell phone located in Ma, and sent a photograph of his/her sexual organ to the victim’s mobile phone on January 23, 2015 at the same place as at January 23, 2015.

Accordingly, the defendant sent pictures that cause sexual humiliation or aversion to the victim two times.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of each statute on photographs;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that a defendant reflects his/her mistake and does not repeat a crime, and the victim has agreed to pay 5.6 million won to the victim and pay 5.6 million won to the victim, and the victim complained of the defendant's wife against the defendant (Submission of a written agreement dated March 9, 2015). The defendant has no criminal record of the same kind, and the defendant's conviction is confirmed as to the crime subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, in cases where the conviction of the defendant against the defendant is confirmed, taking into account the defendant's age, character and conduct, occupation, family relation, etc., and the defendant is a person subject to registration

An order of disclosure or notification.

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