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(영문) 서울서부지방법원 2014.09.19 2014고단1958
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No person shall deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual shame or aversion to another person 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, around 00:45 on May 8, 2014, the Defendant posted the Defendant’s cell phone call number from Eunpyeong-gu Seoul building B101 to the Defendant’s cell phone (D) and sent a phone call from the victim C(34 years old) to the Defendant for about three minutes.

This led to the sound that causes sexual humiliation or aversion to the victim for the purpose of meeting the defendant's sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

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 (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. Article 334(1) of the Criminal Procedure Act recognizes and reflects the error in sentencing, the primary offender is the defendant’s age, character and conduct, family environment, motive and method of committing a crime, and circumstances after committing a crime. Once a conviction on a sex crime subject to registration and submission of personal information becomes final and conclusive, 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 is obliged to submit personal information to a competent agency pursuant to Article 43 of the same Act.

Whether or not to issue an order to disclose or notify personal information, the age, occupation, risk of recidivism, motive for and method of the crime of this case, seriousness of the crime, and order to disclose or notify the personal information of this case, disadvantage of the defendant resulting from the order to disclose or notify.

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