logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2016.05.26 2016고단119
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

No person shall allow the other party to have any words, sounds, letters, pictures, images, etc. 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.

On April 30, 2015, the Defendant, at around 21:39, sent the instant sexual picture to E (E (E, 30 years of age), using the Kakao Stockholm Stockholm, with a view to satisfying his sexual desire by drunking D Company dormitories 302, with a view to satisfying his own sexual desire.

Accordingly, the Defendant sent the images that cause sexual humiliation and aversion to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the statutes governing documents submitted to victims;

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

1. Penalty of one million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. As to an order to register or disclose personal information under Article 59(1) of the Criminal Act (i.e., taking into account all the sentencing conditions, including the fact that the defendant is in a depth of his/her mistake, that the defendant was smoothly agreed with the victim, that the defendant submitted a written agreement to this court on May 17, 2016, and that there is no criminal history), the Constitutional Court shall be 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 on March 31, 2016.

“ Inasmuch as the portion was determined as unconstitutional (2015HunMa688), this part of the legal provision was null and void.

Therefore, the defendant is not subject to a person subject to registration of personal information or an order to disclose or notify personal information on the premise of such order.

arrow