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(영문) 수원지방법원 성남지원 2014.06.03 2014고단59
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 14, 2013, at around 03:09, the Defendant sent to the other party any image that may cause a sense of sexual humiliation or aversion by transmitting a video image, which the Defendant 44 seconds down in the form of video call, in a state of restricting a victim E (the age of 22) by using his/her cell phone, with the intent to arouse or satisfy his/her own sexual desire at around 03:08, Sungnam-si, Sungnam-si, C707 Dong 1008, with a view to inducing or satisfying his/her sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes concerning the closure of dynamic images;

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 elective Punishment;

1. Article 62 (1) of the Criminal Act;

1. Where the conviction of the accused who has registered personal information under Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, the accused shall be a person subject to the registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused shall be obliged to submit personal information to the head of a police office having jurisdiction over his/her domicile pursuant to Article 43 (

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it is determined that the case constitutes a special circumstance in which personal information shall not be disclosed pursuant to the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, such order shall not be sentenced.

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