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(영문) 서울중앙지방법원 2015.02.27 2014고단9541
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

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

Punishment of the crime

On September 27, 2014, at the office of Gangnam-gu Seoul Metropolitan Government C Building, the Defendant sent a link site to the victim D (n, 35 years old) using the Defendant’s cell phone Kakaotox app to obscenity to allow the victim to view obscene images such as sexual intercourse between men and women.

Accordingly, the Defendant sent words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation or aversion through telephone, mail, computer, or other means of communication with intent to arouse or satisfy his/her own or another person's sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Egyptic photographs by capturing obscenity images;

1. Application of the Kakao-Stockholm dialogue legislation

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 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. In a case where a conviction against a defendant on the criminal facts stated in the judgment that constitutes a sex offense subject to registration of personal information by taking account of the defendant's age, character and conduct, occupation, family relationship, etc., 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 agency pursuant to Article 43 of the same Act, if the conviction against the defendant on the grounds of sentencing under Article 334 (1) of the Criminal Procedure Act is finalized.

The defendant's age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, disclosure order or notification order is disadvantageous to the defendant due to the age, occupation, risk of recidivism, method and seriousness of the crime.

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