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(영문) 서울동부지방법원 2016.01.29 2015고단3410
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

No person shall have the other party deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual shame 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, around May 20, 2015, at the defendant's house located in Gangdong-gu Seoul Metropolitan Government C and 102 on May 20, 2015, the defendant sent a phone to 'D' using the defendant's mobile phone for the purpose of meeting the sexual desire, and led the victim E (the 36-year-old age) who is a counselor to reach the victim that may cause sexual humiliation or aversion, such as "huming tear".

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of recording records and communication confirmation replies statutes;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant and the defense counsel had no memory under the influence of alcohol at the time of the instant crime as a patient with alcoholic content.

Since the defendant made a statement to the effect that he was in a state of mental disorder, it cannot be seen that the defendant was under the influence of alcohol at the time of committing the crime of this case, but it does not have reached the state of mental or physical weakness or mental loss. Thus, the above assertion is rejected.

Where a conviction of a defendant is finalized on the criminal facts in the judgment that is a sex offense subject to registration and submission of personal information, 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 the defendant is a related agency pursuant to Article 43

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