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(영문) 의정부지방법원 고양지원 2015.12.30 2015고단2648
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On April 17, 2015, the Defendant sent letters that may cause a sense of sexual shame with the intent of inducing or meeting the Defendant’s sexual desire, such as “E’s cell phone (D) to be Kakaoooox of the Victim E’s mobile phone (hereinafter referred to as “the Defendant’s cell phone”).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E;

1. Application of the Acts and subordinate statutes on the Kakaographs

1. Article 12 of the relevant Act on Criminal Crimes and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Punishment;

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 competent agency pursuant to Article 43 of the same Act

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be suffered by the Defendant due to such order, the preventive effect of sexual crimes subject to registration which may be achieved therefrom, the effect of protecting the victims, etc. of an order to disclose or notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, the order to disclose or notify personal information shall not be issued to the Defendant.

The defendant's reasons for sentencing are normal dialogues.

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