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(영문) 인천지방법원 2014.10.16 2014고단5524
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On May 7, 2014, at its own house located in 00:28, Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, 205, 104, the Defendant sent pictures near the female sexual organ to the cell phone of the victim D (n, 27 years old) using the Defendant’s cell phone Kakaofafac system installed in his cell phone.

Accordingly, the Defendant sent photographs that may cause sexual humiliation or aversion to the victim through the communication media with a view to inducing or satisfaction of sexual humiliation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes for report on internal investigation (the attachment of photographs sent by a person under internal investigation to the victim), internal investigation report (the attachment of photographs submitted by a victim);

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of an alternative fine to be imposed (as agreed, consideration shall be given to the fact that the defendant has no record of being punished for the same past and past, and that he reflects the wrongness);

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. Where a judgment to file for the registration and submission of personal information under Article 334 (1) of the Criminal Procedure Act becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to 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 head of a competent police agency pursuant to Article

However, an order for disclosure or notification of registered information needs to be carefully and carefully given that it may seriously affect the defendant, and in this case, it is determined that there are special circumstances that may not disclose personal information, such as the fact that the registration of personal information alone appears to have an effect to prevent recidivism by the defendant. Thus, it is not ordered to issue an order for disclosure or notification of registered information.

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