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(영문) 광주지방법원 2014.05.02 2014고정454
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On November 23, 2013, 2012:03 Gwangju Mine-gu, 103 Dong 1404, the response number was changed to E using mobile phone DNA in the defendant's residence, and the victim F was sent four times in total as shown in the annexed list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes governing text reception photographs;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines for Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Penalty fine of 2,00,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the Criminal Act provides that Article 59(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment (including the fact that the defendant is seriously against the defendant after the crime in this case, that the victim does not want the punishment of the defendant, that the defendant does not have any criminal power, and that there are all circumstances to consider the motive of the crime in this case) provides that a conviction on the crime subject to registration becomes final and conclusive.

However, this court has a duty to submit personal information to related agencies pursuant to Articles 42(1) and 43 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes when the suspension of sentence becomes invalidated in accordance with Article 61(1) of the Criminal Act.

The age, occupation, risk of recidivism, motive, progress and seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effects of sexual crimes subject to registration which can be achieved due to such order, and the effects of protecting the victims.

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