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(영문) 대전지방법원 서산지원 2013.12.13 2013고단682
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On July 16, 2013, the Defendant sent images to the victim E (D)’s cell phone (F) with the Defendant’s cell phone (hereinafter “C”), and sent images to the victim’s sexual organ with his/her hand from his/her body body’s body condition, etc., on July 16, 2013, the Defendant sent the victim a video that may cause sexual humiliation or aversion to the victim, by transmitting images to the victim via the victim’s cell phone (F) within the “C” located in B at Paju-si (hereinafter “C”), around 14:32, around 14:32 on the same day; around 15:08 on the same day; and around 22:43, on the same day, around 20:43 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a written statement of video call photographs and video call video CDs;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to registration 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 his/her personal information

Article 47 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be comprehensively considered in light of the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victims, etc.

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