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(영문) 전주지방법원 군산지원 2014.04.23 2014고단14
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

On August 15, 2013, around 11:31, 2013, the Defendant taken pictures of the Defendant’s self-defense using a cell phone with a camera function in order to arouse or satisfy the Defendant and others’ sexual desire at Kim Jong-si, using a cell phone with a camera function, and then sent it to the victim D (the age of 43) by transmitting it to the victim, thereby causing sexual humiliation and aversion.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim D;

1. Application of the Acts and subordinate statutes to photographs of motion pictures;

1. Relevant Articles on criminal facts and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;

1. Articles 70 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. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to the obligation to register and submit personal information under Article 334(1) 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 the defendant is obligated to submit personal information to a related

In light of the Defendant’s age, occupation, risk of repeating a crime, motive, method, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the order to disclose or notify personal information in accordance with Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, in full view of the following factors: (a) the Defendant’s age, occupation, risk of recidivism; (b) the motive and method of the crime in this case; and (c) the disclosure or notification order; and

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