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(영문) 대전지방법원 2014.12.03 2014고단2009
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

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

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

Reasons

Punishment of the crime

The defendant is between the victim C (nive, 31 years of age) and the victim C (nive, 2014) on April 12, 2014.

On May 8, 2014, at around 20:20 on May 20, 2014, the Defendant sent the victim’s text messages “Sagles, strings, smells, strings, and red smells” using smartphones in E-cafeterias where the Defendant located in Daejeon Seo-gu D is working.

As a result, the Defendant sent words that may cause sexual humiliation or aversion to the victim using the above smartphone, which is a communication medium, for the purpose of inducing or meeting his or another person's sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of the Kakao Stockholm text to the victim sent by the defendant;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

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

1. Where the criminal facts indicated in the judgment on the defendant who has registered personal information in consideration of the grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, are found guilty, the defendant is obligated to become 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 submit personal information to a related agency as prescribed in Article 43 of the same Act

In full view of the Defendant’s age, occupation, risk of repeating a crime, motive, progress, seriousness of a crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of a sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victim, etc., the child or juvenile under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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