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(영문) 서울중앙지방법원 2014.10.08 2014고단3852
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

On December 4, 2013, around 15:59, the Defendant sent video images to the victim C (here, 51 years of age) who was aware of the hotel transfer relationship using his cell phone Kakaootooooooto to the hotel transfer relationship with the non-Korean women, and sent them back to the streets and subways while the non-foreign women move back to the baby.

As a result, the Defendant sent to the other party images that may cause a sense of sexual humiliation or aversion through telephone, mail, computer or other communication media with intent to arouse or satisfy his or another person's sexual desire.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement of victim;

1. Application of each Act and subordinate statutes to evidence, video CDs submitted by the injured party;

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. A fine of 500,000 won to be imposed on the suspension of sentence;

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

1. Article 59(1) of the Criminal Act on Special Cases Concerning the Registration of Personal Information and the Punishment, etc. of Sexual Crimes to be submitted (Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that a person subject to registration of personal information becomes final and conclusive when a conviction on the facts constituting a sex offense subject to registration becomes final and conclusive, in the course of sending the above video images to many persons and sending them maliciously to the victim.

However, this court has a duty to submit personal information to related agencies pursuant to Articles 42(1) and 43 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes when the suspension of sentence becomes invalidated in accordance with Article 61(1) of the Criminal Act.

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