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(영문) 수원지방법원 안산지원 2016.03.16 2016고단79
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Criminal facts

On December 14, 2015, around 15:02, the Defendant sent the victim F (hereinafter “E”) a video phone with his/her cell phone to the victim F (hereinafter “E”) with his/her cell phone, and sent the video phone with his/her gender.

Accordingly, the Defendant sent to the other party images that may cause a sense of sexual humiliation or aversion by telephone with a view to inducing or satisfying his or another person's sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of a fine (in cases where damage has not yet been recovered even though the damage has not yet been recovered, the defendant has been led to confession and reflect, and the defendant has no criminal record of the same kind

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

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of a new information under Article 47 and 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes subject to Exemption from Disclosure and Notification of Personal Information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (no such previous information shall be disclosed or notified, taking into account family relations, circumstances, etc.), the defendant becomes 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 the head of a competent police office pursuant to Article 43 of the said Act.

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