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(영문) 서울동부지방법원 2015.01.23 2014고단1309
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On March 28, 2014, at the defendant's house, Songpa-gu Seoul, 202(B), the defendant sent two copies of a photograph indicating gender and sexual intercourse with the victim D's cell phone (E) using his/her cell phone (C), and sent two copies of a photograph indicating gender and sexual intercourse with the victim D's cell phone (E).

As a result, the Defendant sent words and photographs that may cause sexual humiliation or aversions through communications media with a view to inducing or satisfying his or another person's sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of evidence, photographs, and Acts and subordinate statutes;

1. Relevant laws concerning criminal facts, Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant are as follows: (a) the nature of the crime in the instant case is not weak; and (b) the fact that the victim seems to have caused a considerable sense of sexual humiliation is disadvantageous to the Defendant.

On the other hand, the fact that the defendant is recognized as committing the crime of this case and is against the defendant, there is no record of criminal punishment for the same crime, and that there is a certain workplace and family member, and that social relationship is obvious is favorable to the defendant.

In this context, the sentencing conditions such as the defendant's age, character and conduct, environment and family relationship shall be determined as per the disposition.

When a conviction on a crime subject to registration and a sex offense subject to registration becomes final and conclusive, the defendant shall be a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obligated to submit personal information to the relevant agency, as prescribed in Article

The defendant is exempted from an order of disclosure or notification.

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