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(영문) 대전지방법원 2015.04.17 2014고단4378
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On September 1, 2014, the Defendant, at around 13:32, displayed the Defendant’s sexual flag real time to the victim D (the age of 19) using the function of restricting the transmission of cell phone at the office of the Defendant, Seo-gu, Daejeon, Seo-gu, Daejeon, 305.

Accordingly, the Defendant sent to the victim images that may cause sexual humiliation or aversion using telephone, which is a communication medium, 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 the photographic Acts and subordinate statutes;

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

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

3. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that constitutes a sex offense subject to registration 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

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall be comprehensively considered in light of the Defendant’s age, occupation, risk of recidivism, motive, method, consequence and seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an order of disclosure or notification, the prevention of sexual crimes subject to registration that may be achieved thereby, and the effect of protecting the victims thereof, etc.

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