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(영문) 서울남부지방법원 2020.01.31 2019고단6157
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On July 20, 2019, the Defendant sent to the victim C a photograph exposed to her her mare and sexual part of his mare, in the vicinity of his residence in Gangseo-gu Seoul Metropolitan Government on July 20, 2019, thereby allowing the victim C to receive images that may cause sexual humiliation or aversion through a communication medium for the purpose of inducing or meeting his mare sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on closure photographs;

1. Relevant Articles on criminal facts and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The proviso to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes which shall not be registered and submitted with personal information (limited to a fine imposed on a defendant);

1. In full view of the information disclosure order, notification order, and employment restriction order, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, disclosure order, disadvantages and side effects of the pertinent order, etc., it is deemed that there are special circumstances under which the disclosure or notification of the Defendant’s personal information or the restriction on employment, such as children and juveniles

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