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(영문) 대구지방법원 2016.04.19 2015고단3117
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 April 30, 2015, the Defendant sent to the victim D’s cell phone pictures that cause sexual humiliation or aversion through mobile phones for the purpose of inducing or meeting his or another person’s sexual desire, within the vehicle parked in Daegu Seo-gu C around 15:00, the Defendant sent to the victim D’s cell phone pictures that cause sexual humiliation or aversion.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes to a report on results of digital evidence analysis of mobile phones;

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 an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. If a conviction on a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant becomes 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 is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

In comprehensively taking into account 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 disadvantage due to an order to disclose or notify personal information, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., there are special circumstances in which the disclosure of personal information may not be disclosed pursuant to 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, etc. of Children against Sexual Abuse.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.

- the reasons for sentencing.

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