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(영문) 수원지방법원 2013.09.26 2013고단4191
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. No person shall have the other party reach the other party any words, sounds, pictures, images, etc. that may cause a sense of sexual shame or aversion through communications media with the aim of meeting his/her sexual desire;

Nevertheless, on May 18, 2013, the Defendant sent to the victim B (the age of 12) who is a juvenile at a place not known at around 16:02 on May 18, 2013 the sexual photograph of the male to the Kakakao Stockholm, using his handphones, thereby causing sexual humiliation and aversion to the victim.

2. The Defendant threatened the victim by sending a Kakao Stockholm message to the effect that, at the same time and place as above, the Defendant would display the victim’s chest photographs on the Internet camera, without showing the victim’s chest photographs, the victim and the victim’s friendly group’s pictures.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Details of each Kakao Stockholm message;

1. Application of the statutes on the details of Kakao Stockholm photographs

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) and Article 283 of the Criminal Act concerning criminal facts

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 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 under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order (Amended by Act No. 11556, Dec. 18,

1. When a conviction on the facts constituting the crime of Article 334(1) of the Criminal Procedure Act, which stated that the provisional payment order is registered, becomes final and conclusive, the defendant shall obtain personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc.

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