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(영문) 춘천지방법원 원주지원 2014.07.30 2014고단508
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 2, 2013, the Defendant sent an online address linked to a obscenity with obscene content as soon as possible to put the sexual organ into the body of foreigners and men and women, and sexually engage in a sexual act, to smartphones used by the victim D (the age of 42) using the mobile Kakaox, installed in the c1st apartment management office at the early P.m. prime City, 2013.

Accordingly, the Defendant sent to the victim images that may cause sexual humiliation or aversion through smartphones with a view to inducing or meeting his or another person's sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the victim;

1. Application of two Acts and subordinate statutes to two photographs; and

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Where a judgment of conviction is finalized on the criminal facts of this case against a defendant who shall submit personal information under Article 334(1) of the Criminal Procedure Act, the defendant constitutes 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 thus, the defendant is obligated to submit personal information to the competent agency

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victim, etc., the Defendant is against the protection of children and juveniles against sexual abuse.

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