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(영문) 서울동부지방법원 2015.06.25 2015고단410
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 18, 2015, at around 23:01 on February 23, 2015, the Defendant sent a photographic file, which was taken by the Defendant’s cell phone, from the Defendant’s house, to the Defendant’s cell phone, to the Defendant’s cell phone phone.

As a result, the Defendant sent to the victim 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. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a report on investigation (related to submission of evidentiary materials for victims);

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

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

1. Article 334(1) of the Criminal Procedure Act provides that a victim, who is aware of the reason for sentencing of the defendant in Article 334(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, has a duty to submit personal information to a competent agency pursuant to Article 43 of the same Act, in a case where a conviction of the criminal facts stated in the decision that the defendant is liable to register personal information and to submit personal information is finalized, taking into account the following factors: (a) the victim, who is aware of the reason for sentencing, has taken a photographic file such as the fact of the crime, thereby causing relatively serious psychological damage to the victim and his/her family members; or (b) the defendant has a criminal record of the same criminal record and suspended execution; and (c) the defendant has no criminal record of the same kind of punishment or suspended execution; and

The defendant's age, occupation, risk of recidivism, is the defendant's order of disclosure or notification of personal information.

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