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(영문) 수원지방법원 여주지원 2014.12.30 2014고단38
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On July 10, 2013, at around 11:06 - 11:21, the Defendant sent a copy of the sexual picture of both men and women, which may cause sexual health or aversion with the cell phone of the victim C (the age of 24), and one of women’s radioactive dust, to the cell phone of the victim C (the age of 24).

As a result, the Defendant sent to the victim images that may cause sexual humiliation or aversion through telecommunications media.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the complaint (including attached documents);

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. Where a conviction becomes final and conclusive for the instant crime subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant 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 the Defendant is obligated to submit his/her personal information to the head of

In light of the Defendant’s age, occupation, risk of repeating a crime, motive, progress, seriousness of a crime, disclosure order or notification order, anticipated side effects and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, prevention and effect of a sex crime subject to registration that may be achieved therefrom, protection effect of the victim, etc., the disclosure order and notification order shall be given to the Defendant in accordance with Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso of Article 49(1) and proviso of Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

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