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(영문) 서울북부지방법원 2018.10.11 2018고정1301
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a relationship between the victim B (n, 45 years of age) and C, around October 15, 2017, through a mobile phone hosting display, which is called C Multilateral, and around the end of January 2018.

On March 7, 2018, at the E restaurant located in Jung-gu Seoul Metropolitan Government D on March 18, 2018, the Defendant sent the Defendant’s mobile phone pictures to the Defendant’s mobile phone, and sent the Defendant’s mobile phone text messages, “Satch satch satch satch satch satch satch and satch satch satch satch.”

Accordingly, the defendant, in order to arouse or satisfy his or another person's sexual desire, sent pictures that cause sexual humiliation or aversion through a mobile phone to the victim against the other party's will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes on text, content and obscene pictures;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. If a conviction on a sex crime subject to registration becomes final and conclusive, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, of the Criminal Procedure Act, the Defendant 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 is obligated to submit personal information to the relevant agency pursuant to Article 43 of

When comprehensively considering the risk of recidivism, the type, motive, content, and consequence of the crime, the degree and expected side effects of the defendant's suffering, the prevention of sex crimes subject to registration that can be achieved therefrom, and the effects of protecting the victims of such crimes, the defendant's exemption from personal information disclosure order and notification order shall be considered.

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