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(영문) 광주지방법원 2014.10.22 2014고단3302
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

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

At around 16:585 on June 15, 2014, the Defendant, using a mobile phone in the residential area B at B at B at B at B at B at B at the same time, sent a photograph of 10 times in total from around that time to August 1, 2014, a female peler, who suffered a short flap that may cause sexual humiliation or aversion with a view to inducing or meeting his or another person’s sexual desire by phoneing on a mobile phone used by the victim C (the age of 43), and sent to the victim a photograph containing a short flap that may cause sexual humiliation or aversion through a telephone with a view to inducing or satisfying his or her own sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of Acts and subordinate statutes to the investigation report (obscenity);

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

1. Optional fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where a conviction on a sex offense subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order becomes final and conclusive, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information

In light of the Defendant’s age, record of the crime, details and motive of the crime, method and consequence of the crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc., it is determined that there are special circumstances where the personal information may not be disclosed or notified. Thus, the punishment of sexual crimes, etc.

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