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(영문) 서울남부지방법원 2013.11.22 2013고단3649
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 14, 2013, at around 12:37, the Defendant sent a message to the Defendant’s office located in Gangseo-gu Seoul Metropolitan Government No. 504, including: (a) the victim C (the victim, the age of eight) and the Kakakakao Kakao Kakao was aware of the victim, and (b) the victim was aware of the victim’s cathathm; and (c) C was aware of the victim’s cathm; and (d) the method of male and female c

As above, the Defendant reached the victim with the intent to satisfy his own sexual desire, thereby causing sexual humiliation or aversion through the communications media.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

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 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Details of the message sent by the defendant for the reason of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the age of the victim, the fact that the defendant has no record of being punished for the same kind of crime, and the confession of the instant crime, and the circumstances, means, methods, and results of the instant crime shall be determined as ordered

Where this judgment 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 the competent police office pursuant to Article 43 of the same

An order for disclosure or notification of registered information with regard to an order for disclosure or notification of registered information is required to be careful in that it may have a significant impact on the defendant, and in this case, it is judged that there are special circumstances that the disclosure of registered information may not be made because the registration of personal information alone would have an effect to prevent recidivism of the defendant.

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