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(영문) 대구지방법원 서부지원 2015.01.29 2014고단1730
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

No person shall allow another person to deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual shame or aversion by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or another person's sexual desire.

Nevertheless, on July 4, 2014, at the defendant's office located in Daegu-gu, Daegu-gu, the defendant sent the letter "self-deficial video sent to the victim D (the age of 15)," "self-deficial video sent to the defendant's office," and "Stowing-in and clothes are located at the location of the location, the breast-in and the chest's office, or the dynamic video screen affixed to the defendant's office in the defendant's office located in the Daegu-gu, Daegu-gu, 2014."

Accordingly, the Defendant sent to the victim a letter that causes sexual humiliation with a view to meeting his own sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Kakao Stockholm photographs;

1. Application of the police statement law to D;

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

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 conviction on a sex offense subject to registration becomes final and conclusive in the judgment that the person is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the accused 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 accused is obligated to submit personal information to

In light of the contents of this case’s order of disclosure or notification of personal information and the fact that the defendant is the first offender, it is judged that there is a special reason that the disclosure or notification of personal information should not be disclosed. Thus, the defendant is ordered to disclose or notify the personal information.

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