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(영문) 대전지방법원 서산지원 2014.07.25 2014고단447
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

On February 5, 2014, around 13:15, the Defendant sent obscene remarks, such as the victim’s sexual intercourse and self-defence, to the victim’s voice, which could not distinguish the gender by posting the phone at the victim’s house from Seosan City B apartment 108.

Accordingly, the defendant reached the other party that may cause a sense of sexual humiliation or aversion through telephone with a view to inducing or satisfying his own sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Details of replies to a request for provision of communications data and currencies;

1. Application of Acts and subordinate statutes to the photograph of the victim's office telephone;

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

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, the effect of the protection of the victim, etc., the personal information shall not be disclosed and notified in accordance with Article 47 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

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