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(영문) 서울중앙지방법원 2018.11.08 2018고단5703
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 14, 2018, at around 14:14, the Defendant sent the Defendant’s home located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, the message “I do not want to drink” along with his sexual photograph that he sent to the Victim C (FI) and D’s home.

As a result, the Defendant sent to the other party letters, videos, etc. that may cause sexual humiliation or aversion through communications media with a view to inducing or satisfying his/her sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Do course photograph Acts and subordinate statutes;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the selection of punishment by imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. In full view of all the circumstances, including the type and process of the instant crime, the relationship with the victim, the age, sex, occupation, environment, criminal record, the risk of recidivism, disclosure or employment restriction order, the degree of disadvantage and anticipated side effects that the Defendant would suffer due to the disclosure or employment restriction order, and the prevention effect of sexual crimes that could be achieved therefrom, there are special circumstances in which the Defendant shall not be disclosed or his/her employment should not be restricted, taking into account the following circumstances: (a) the disclosure of personal information of the Defendant; (b) the disclosure of personal information is prohibited; (c) the victim’s relation with the victim; (d) the victim’s age; (e) the victim’s age; and (e) the victim’s sex; (e) the victim’s age; and (e) the risk of recidivism; and (e) the disclosure or notification order; and (e) the effect of preventing sexual crimes.

If a conviction is finalized on each crime in the judgment that is a sex offense subject to registration and submission of personal information, the defendant is 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 thus, he/she is a competent agency pursuant to Article 43 of the same Act.

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