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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
피고인은 2016. 6. 6. 01:17~01:22경 천안시 서북구 B에 있는 피고인의 집에서, 자신의 성적 욕망을 만족시킬 목적으로 휴대전화를 이용하여, 피해자 C(가명, 여, 만15세)에게, 'D^^' 이라는 E 닉네임을 사용하여 “존나따먹어버릴랑, 섹스, 시러 섹스할거야, 섹스!“라는 내용의 음란한 메시지를 전송하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Application of Acts and subordinate statutes to photograph E messages;
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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. In light of the content, frequency, etc. of obscene messages sent by the Defendant on the grounds of sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order, the crime is inferior, and the fact that the messages have not been used by the victim is unfavorable to the Defendant.
However, the sentence is ordered as ordered by comprehensively taking into account the following factors: the defendant's mistake is recognized, and the primary offender is considered, and the defendant's age, character and conduct, family relation, and all of the sentencing conditions shown in the arguments and arguments are considered.
On March 31, 2016, the Constitutional Court issued an order to register personal information and to disclose or notify personal information to the public. Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that "any person who is finally convicted of a crime referred to in Article 13 of the Act shall be a person subject to registration of personal information" shall be unconstitutional (2015Hun-Ma688), and this part of
Therefore, the defendant is not subject to the registration of personal information and the disclosure order or notification order based on the premise.