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(영문) 수원지방법원 안산지원 2014.08.27 2014고단1015
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

Criminal facts

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.

On April 13, 2014, from around 01:34 to 01:39, the Defendant sent the Defendant’s home located in Sistitu City B, and sent the Defendant’s smartphone to C (n, 25 years of age) a high school-friendly job-friendly victim C (V) with the Defendant’s smartphone, with the content that “The Defendant is the lender of the South Koreame, and the Kakao Kao Stockholm messages, which would be influored, will be prompt.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Kakao Stockholm statutes

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The crime of this case on the grounds of sentencing under Articles 47 and 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure and Notification of Personal Information, and the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (which does not disclose or notify personal information in consideration of the initial crime, family relationship, and previous circumstances) is the case where the defendant sent a Kakao Stockholm message that causes sexual humiliation to the victim, and is still against the defendant's mistake by recognizing the crime of this case, and is also against the defendant's favorable circumstances such as the primary offender, and all of the sentencing conditions shown in the trial of this case.

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