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(영문) 부산지방법원 2014.11.26 2014고단8342
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On May 18, 2014, around 06:07, at the same time, the Defendant sent the victim’s cell phone of the victim C (Nam, 69 years of age) with B, and sent the victim’s b body photographs containing the sexual organ into D’s sound records, so as to arouse or satisfy his or another person’s sexual desire, the Defendant sent the victim a photograph that may cause sexual humiliation or aversion through a communication medium for the purpose of inducing or meeting his or her sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the photographic Acts and subordinate statutes;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where a judgment becomes final and conclusive on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused 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

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, given that there are special circumstances that may not be disclosed or notified of personal information pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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