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(영문) 서울남부지방법원 2021.01.27 2020고단5235
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

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

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

Reasons

Punishment of the crime

The defendant and the victim B (the age of 30) are between the defendant and the defendant and the victim (the age of 30) that they first come to know of the customers and the staff from the first patrol officer on November 2019.

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, around 06:05 on November 19, 2019, the Defendant: (a) received Kakao Stockholm messages from the injured party at the residence of the Defendant, Yeongdeungpo-gu Seoul Metropolitan Government C and D, and (b) sent the Defendant’s cell phone with the Defendant’s cell phone with “the milched year that deemed to have caused the occurrence of the judgment” to the Defendant’s cell phone.

“In order to transmit the Kakao Stockholm message to satisfy its sexual desire, the message that may cause sexual humiliation or aversion through the communications media was sent to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Kakao Stockholm Acts and subordinate statutes

1. Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) and the selection of fines

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. According to the proviso of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, in the event that a person subject to registration of personal information is sentenced to a fine for a crime under Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, in which the absence of such obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, he/she is excluded from a person subject to registration of personal information. Therefore, the

An order to disclose or notify and an order to restrict employment shall be exempted.

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