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(영문) 인천지방법원 2014.12.11 2014고단7531
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

No words, sounds, letters, paintings, images, or other things that may cause a sense of sexual humiliation or aversion through telephone, mail, computer, or other communications media, shall be delivered to the other party, with intent to arouse or satisfy his/her own or the other person's sexual desire.

Nevertheless, at around 13:19 on August 18, 2014, the Defendant sent the victim C (the age of 56) with his smartphones (B) using his own smartphones (B) and transmitted the similar image of Kakao Stockholm where the images consisting of a woman’s gathering of goods in the negative body are reproduced.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Kakao Stockholm message content, and statutes governing obscene videos;

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

1. Selection of a fine for selective punishment (such as the fact that the defendant has no past record of punishment for the same past and the same type, the fact that there is no previous record of punishment exceeding the fine, and the fact that the mistake is against

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

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

1. Where a judgment to file for the registration and submission of personal information under Article 334 (1) of the Criminal Procedure Act becomes final and conclusive, the accused is 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 is obligated to submit personal information to the head of a competent police agency pursuant to Article

However, an order for disclosure or notification of registered information needs to be carefully and carefully given that it may seriously affect the defendant, and in this case, it is determined that there are special circumstances that may not disclose personal information, such as the fact that the registration of personal information alone appears to have an effect to prevent recidivism by the defendant. Thus, it is not ordered to issue an order for disclosure or notification of registered information.

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