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(영문) 대전지방법원 서산지원 2015.09.04 2015고단520
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 15:48 on March 21, 2015, the Defendant, using his/her mobile phone, which is a communication medium, called “the victim E” in the condition of “the restriction on the display of identification numbers,” and called “the victim E” in the condition of “the restriction on the display of identification numbers,” thereby making use of his/her mobile phone, which is a communication medium, and called “the victim E”, “I want to promptly see it, I want to leave it, I will see it, I will do, and I will see it.” and “I want to promptly see it,” from that time in total, as described in the attached list of crimes.

Accordingly, the Defendant sent to the other party a sound that may cause a sense of sexual humiliation or aversion through telephone with a view to inducing or satisfying his or another person's sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

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. Where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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 his/her personal information

Article 47 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is to be comprehensively considered in light of the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, seriousness of the crime, 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 which may be achieved therefrom, the effect of protecting the victims, etc.

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