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(영문) 부산지방법원 2014.05.21 2014고단2084
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On January 18, 2014, at around 16:10, the Defendant sent the video images, which appears to have been frightened by a female under the victim C’s cell phone from the Defendant’s cell phone from 8:306, Seocho-gu Seoul Metropolitan Government, with the Defendant’s cell phone from 16:10.

As a result, the Defendant sent to the victim images that may cause sexual humiliation or aversion through communications media with a view to inducing or satisfying his or another person's sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (related to the attachment of screen pictures submitted by a victim);

1. Selection of a fine in consideration of the relevant legal provisions on criminal facts and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc., and the primary crime;

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

1. Where a judgment on 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 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 is obligated to submit personal information

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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