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(영문) 수원지방법원 안산지원 2014.11.05 2014고단2526
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Criminal facts

On July 3, 2014, from around 23:10 to around 00:30 on July 4, 2014, the Defendant sent the Defendant’s sexual picture to the Defendant’s smartphone to the Defendant’s smartphone in the Defendant’s dwelling area located in the luminous city B, for the purpose of sending the Defendant’s “to seek a woman to have a fluoring,” the Defendant sent the Defendant’s fluoring “to have a female to have a fluoring” to the Defendant’s fluoring. The Defendant sent the Defendant’s fluoring the fluoring to the Defendant’s fluoring to the Defendant’s fluoring to the Defendant’s fluoring to the Defendant’s fluoring to the Defendant’s fluoring to the Defendant’s fluoring to the Defendant’s fluoring to the Defendant’s fluoring.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Kakao Stockholm Acts and subordinate statutes to capture the Kakao Stockholm message;

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

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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

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

1. The crime of this case was committed on the grounds of sentencing under Articles 47 and 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure and Notification of Personal Information, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the disclosure and notification of personal information is not made in consideration of the initial crime, family relationship, the opening of the family, etc.). The defendant's act of this case was committed on the part of the victim, under the unfavorable circumstances such as that the defendant would have caused considerable humiliation of the victim due to the crime of this case. The defendant recognized each of the crimes of this case, and reflects his mistake in depth, and the defendant is committed on the favorable circumstances, such as the lack of criminal records,

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