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(영문) 수원지방법원 성남지원 2016.06.10 2016고단539
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On January 25, 2016, the Defendant: (a) at the Defendant’s house located in Seongbuk-gu, Sungnam-gu, Sungnam-gu, Ge-gu, Ge-gu, Ge-gu, Ge-gu, Ge-gu, 2016, sent the phone with his mobile phone of the victim C (the age of 18) to take a new voice; and (b) stated that “I am knick, I am kn't kn't kn't kn't kn't kn'

As a result, the Defendant reached the other party that may cause sexual humiliation or aversion through telephone, which is a communication medium, with a view to inducing or satisfying his own sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Report of investigation (specific suspect);

1. Application of statutes governing obscene telephone recording files CDs;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 and 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. The Constitutional Court, on March 31, 2016, issued an order to register or disclose personal information under Article 334(1) of the Criminal Procedure Act with respect to a provisional payment order, shall be a person subject to registration of personal information, who is finally convicted of a crime under Article 13 (obscenity by means of communications media) in Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

Since “The part” was decided to be in violation of the Constitution (The Constitutional Court Decision 2015Hun-Ma688 Decided March 31, 2016), this part of this Act retroactively lost its effect.

Therefore, the defendant is not subject to the registration of personal information and the disclosure order or notification order based on the premise.

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