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(영문) 서울중앙지방법원 2013.12.18 2013고단6583
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On July 27, 2013, at Gangnam-gu Seoul on July 19:35, 2013, the Defendant sent a man’s sexual organ to the cell phone (F) of the victim E (n, 22 years of age) using a mark of restriction on transmission from the Defendant’s cell phone (D) to the Defendant’s cell phone (F).

Accordingly, the Defendant sent to the victim the images that may cause sexual humiliation or aversion through mobile phones with a view to inducing or satisfying his own sexual desire.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement by the police of E (including image photographs attached to the protocol);

1. Data replys to radio operators;

1. Application of investigation reports (verification of the name of communications subscriber)-related Acts and subordinate statutes;

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 for the detention of a workhouse;

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

1. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, 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 obligated to submit personal information to a related

In light of the Defendant’s age, occupation, risk of repeating a crime, motive, method and seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the preventive effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc., the special circumstances that need not disclose or notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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