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(영문) 서울남부지방법원 2016.02.17 2015고단5324
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

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 humiliation 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.

On December 12, 2014, at the Defendant’s house located in Yeongdeungpo-gu Seoul Metropolitan Government, around 18:15, the Defendant sent to the victim a victim of counseling at the 120 Dansan Center, Seoul, using his/her mobile phone from his/her own name, saying, “I can bit bit bit bit bit bit bit bit bit bit bit, bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the petition and record of 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. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused 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 accused is obligated to submit personal information to a related agency pursuant to Article 43

Article 47(1) and Article 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, when comprehensively considering the Defendant’s age, risk of repeating a crime, type, motive, process, consequence, and seriousness of the crime of 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 the sexual crime subject to registration that may be achieved due to such order, the effect of the protection of the victim, and the favorable circumstances as seen earlier.

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