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(영문) 수원지방법원 2016.08.18 2016고정1462
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 16, 2016, at around 21:15, the Defendant sent the video of the victim D’s cell phone using mobile phones 125 dong 203 and 125 dong 203 at the office of the Defendant, with a cell phone, to the cell phone of the victim D (52 tax and inn) by exposing the sound body of women.

As a result, the Defendant sent to the victim images that may cause sexual humiliation or aversion using mobile phones with intent to arouse or satisfy his or another person's sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of related photographs (the details of suspect and victim's letters) Acts and subordinate statutes;

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

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

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [The Constitutional Court shall be a person subject to registration of personal information in cases where a person who is finally and conclusively convicted of committing a crime under Article 13 is the person subject to registration of personal information on March 31, 2016.

“Inasmuch as the portion as unconstitutionality was determined as unconstitutional (Supreme Court Order 2015HunMa688 Decided March 31, 2016), the Defendant does not constitute a person subject to registration of personal information or a person subject to order to disclose or notify personal information premised thereon).

In light of the details and the background of the crime of this case, the relationship between the defendant and the victim, etc., it is recognized that the liability for the crime of this case is not easy, and that it appears that the shock and suffering of the victim was not small.

However, the defendant recognized the crime of this case and is against the law, and the defendant committed a crime of this case around December 1996, with no record of criminal punishment except the punishment of two years of suspended execution in October of the Act on the Aggravated Punishment, etc. of Specific Crimes. The crime of this case was committed once.

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