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Reasons
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(영문) 대전지방법원 2015.11.18 2015고단3410
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On February 6, 2012, at around 13:44 and March 23:12, 2012, the Defendant sent 3G images using a mobile phone (D) from the victim E (F) who became aware of by chance, with a view to inducing or satisfaction of his/her own sexual desire, and displayed only the Defendant’s sexual desire on the video call screen, thereby causing a sense of sexual humiliation or aversion to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of statutes on photographs of images;

1. Article 12 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 28, 2012); Selection of fines, etc.

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed before order to complete a program (Amended by Act No. 11556, Dec. 28, 2012)

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

1. An order or notification order shall not be issued to the public, taking into comprehensive account the defendant's risk of recommitting an offense, the type, motive, process, result and seriousness of the offense in this case, age, occupation, disclosure order or notification order of the defendant, the degree of disadvantage and side effects likely to be affected by the defendant's injury, the preventive effects and effects of sexual crimes subject to registration which may be achieved therefrom, the protection effect of the victim, etc.;

Where this judgment becomes final and conclusive, the Defendant is a person subject to registration of personal information pursuant to Article 32(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012) and is therefore Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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