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(영문) 서울남부지방법원 2015.05.15 2015고단879
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On June 2, 2014, around 21:42, the Defendant sent a phone at the platform of Yeongdeungpo-gu Seoul Metropolitan Government 43-ro, 43-ro (Seoul Metropolitan Government 7-dong Residents' Center), and sent a consultation on the notification of taxi pay to the victim counselor B (the 42-year age), a counselor (the 42-year age), who was a civil petition counseling telephone operated by Seoul Metropolitan Government, and received counseling on the notification of taxi pay, the Defendant sent the victim a speech that may cause a sense of sexual humiliation and aversion through the communication media for the purpose of meeting the sexual desire, such as “the humb, humping, the humping, the humping, the humping, the hump, the hump, the huming, the humb hump, the huming humb, the huming humb, etc. of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared B;

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant Articles on criminal facts and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant, who is a counselor at the multilateral call center, who is a civil petition counseling network, provided counseling about the reporter's personal information, and made a speech that may cause sexual humiliation and aversion that makes it difficult for the victim to enter the victim for the reason that he simply asked about the reporter's personal information. However, the crime is not highly good in light of the fact that the defendant confessions the crime of this case, the defendant has no criminal record above the suspension of the same kind and execution, and the defendant's age, character and conduct, circumstances after the crime, etc., and all of the sentencing factors shown in the records and arguments of this case including the record

Article 42 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information.

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