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(영문) 서울중앙지방법원 2016.05.27 2015고단1645
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

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 August 31, 2014, at around 02:33, the Defendant sent letters to the victim E (n.e., 14 years of age) who had returned prior to the D cafeteria located in Sungnam-si, Sungnam-si, with a Handphone, “a 300,000 won thickness of 300,000 won high” to the Kakaoxax using a Handphone, and from the same day to the 11:36th day of the same day, the Defendant sent letters to the victim five times in the same way as indicated in the attached list of crimes, thereby inducing or satisfying his or her sexual desire.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to Chapter IV of the report on internal history (Attachment of the content of the Kakao Stockholm conversation submitted by the victim), and the photograph of the content of the Kakao Stockholm conversation submitted by

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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

1. The Constitutional Court, on March 31, 2016, issued an order to register or disclose personal information under Article 334(1) of the Criminal Procedure Act with respect to a provisional payment order, shall be a person subject to registration of personal information, who is finally convicted of a crime under Article 13 (obscenity by means of communications media) in Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

Since “The part” was decided to be in violation of the Constitution (The Constitutional Court Decision 2015Hun-Ma688 Decided March 31, 2016), this part of this Act retroactively lost its effect.

Therefore, the defendant is not subject to the registration of personal information and the disclosure order or notification order based on the premise.

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