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(영문) 춘천지방법원 원주지원 2018.10.18 2018고단950
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 1, 2016, the Defendant sent one copy of his sexual photograph to the victim B (the age of 27) using the Defendant’s mobile phone at an insular location around 02:28 on March 1, 2016, thereby causing sexual humiliation or aversion to the victim (the age of 27) through a communication medium for the purpose of inducing or satisfying his or another person’s sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes to the complaint;

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

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

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. According to the proviso of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 14412, Dec. 20, 2016; hereinafter “Special Act on the Punishment, etc. of Sexual Crimes”), a person who was sentenced to a fine for a crime under Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is excluded from the registration of personal information, and thus, the defendant is not subject to the registration of personal information.

In light of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, there are special circumstances in which the Defendant shall not disclose or notify personal information pursuant to 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.

Therefore, the defendant is judged.

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