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(영문) 수원지방법원 안양지원 2014.11.21 2014고단941
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

At around 20:00 on April 21, 2014, the Defendant sent the victim’s cell phone to the victim’s cell phone by sending his/her pictures taken of the sexual organ of the victim E (n, e.g., age 19) sent from his/her sexual desire to arouse or satisfy his/her own sexual desire at the Defendant’s residence located in the Maban-gu C, Ansan-si.

As a result, the Defendant sent the images that may cause sexual humiliation or aversion by using communication media to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a criminal investigation report (limited to communications between the suspect and the victim and his/her photograph);

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. In a case where the conviction of a sex crime subject to the obligation to provide personal information is finalized by taking into account the following circumstances: (a) the defendant's age, character and conduct, environment, family relationship, etc. 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; (b) the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the same Act; and (c) the defendant is obligated to submit his/her personal information to the head of a competent police office pursuant to Article 43 of the same Act, since he/she is a person subject to registration of personal information pursuant to Article 43 of the same Act.

The defendant is exempted from the disclosure order or notification order due to his age, occupation, risk of recidivism, motive for committing a crime, progress and seriousness of the crime, and the disclosure order or notification order.

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