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(영문) 춘천지방법원 강릉지원 2015.07.02 2015고단375
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

Punishment of the crime

The Defendant was prohibited from reaching the other party any words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation or aversion through telephone, mail, computer, or other means of communication with intent to arouse or satisfy his/her own sexual desire. On November 04, 2014, at around 28-ro 23, Dongdaemun-gu, Seoul where the victim B (35 years of age, female) is a counselor, and at around 03:15, the Defendant sent the phone call to the “C” with the phone number referring to the “C” in relation to water leakage in the ordered area of Gangwon-do, and provided guidance that “the water services in the outside area of the Seoul city of Seoul is difficult to have the victim feel a sense of sexual humiliation and aversion.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the petition or record of complaint;

1. Relevant Article on criminal facts, Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Selection of a fine (including the fact that the accused reflects on the crime and that there is no record of the same kind of crime);

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. Where a conviction of a defendant against a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant is 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 is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act

The age, occupation, risk of recidivism, type of crime of this case, motive, process, seriousness of crime, disclosure order or notification order of personal information disclosure and notification order of the accused, the degree of disadvantage and expected side effects of the accused's entrance due to the age, occupation, risk of recidivism.

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