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(영문) 인천지방법원 2018.04.25 2017고단8672
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
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

The Defendant is a space between the victim D (n, 38 years of age) and the victim from December 2012 to September 2015.

No person shall have the other party deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation or aversion by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or the other person's sexual desire.

Nevertheless, at around 13:00 on June 24, 2016, the Defendant sent the linked message to the victim’s cell phone with obscene videos and obscene site addresses for the purpose of inducing or satisfying his or another person’s sexual desire at his or her own house No. 409, 903.

Summary of Evidence

1. Statement of the defendant in the protocol of public trial once;

1. The first statement made to D with regard to the police;

1. Application of this Act and subordinate statutes (obscenity using a communications medium) with a Ff course;

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 concerning the crime;

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

1. Article 16 (2) of the Act on the Punishment of Sexual Crimes Committed to Order and Protection of Victims Thereof;

1. Where a judgment becomes final and conclusive on the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act with respect to a provisional payment order, the accused 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 the accused is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, the degree of disadvantage the Defendant suffers due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the protection effect of the victim, etc., the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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