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(영문) 대전지방법원 2015.10.07 2015고단2464
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On June 14, 2015, at the Defendant’s house located in Seo-gu, Daejeon, Seo-gu, 101 Dong 1008, the Defendant sent a video image of the Defendant’s smartphone page 1008 to the victim D (the age of 15, female, and family name) with the Defendant’s smartphone c and 1008.

As a result, the Defendant sent to the victim images that may cause a sense of sexual humiliation or aversion through telephone, mail, computer, or other communication media with intent to arouse or satisfy his or another person's sexual desire.

2. On June 14, 2015, at the home of the Defendant around 19:36, the Defendant sent a video image in the form of self-defense by a male with the same victim in the same manner as the above paragraph (1).

As a result, the Defendant sent to the victim images that may cause a sense of sexual humiliation or aversion through telephone, mail, computer, or other communication media with intent to arouse or satisfy his or another person's sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Escopics, etc. of obscenity screen pictures;

1. Application of message details-related Acts and subordinate statutes

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

1. Articles 70 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 judgment of conviction of a defendant who has registered 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 pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information to a related agency as prescribed in Article 43

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, results, and seriousness of crime, order of disclosure, or order of disclosure.

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