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(영문) 서울남부지방법원 2015.01.19 2014고단4834
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

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

Where the defendant does not pay the above fine, the 10,000 won shall be the one day.

Reasons

Punishment of the crime

The defendant shall engage in the collection business.

No person shall have the other party reach the other party any image which may cause a sense of sexual shame or aversion by telephone, mail, computer or other means of communication, with intent to arouse or satisfy his/her own or the other person's sexual desire.

Nevertheless, on September 6, 2014, at around 22:14, the Defendant sent dynamic images using his handphones to the Kakao A(Y, 51 years old) handphones with the Handphones in B(Y, 51 years old) and sexual intercourse.

Accordingly, with a view to inducing or satisfying the sexual desire, the Defendant sent to the other party images that cause a sense of sexual humiliation or aversion through the communication media.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

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

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 48 (1) 1 of the Criminal Act to be confiscated;

1. In light of the circumstances, contents, etc. of the instant crime for sentencing under Article 334(1) of the Criminal Procedure Act, the sentence shall be imposed as ordered in consideration of the following: (a) although the nature of the instant crime is not weak, its mistake is recognized; (b) there is no record of having been punished heavier than the fine; and (c) the Defendant’s character and conduct, family environment, etc.

Where a conviction becomes final and conclusive on a criminal fact 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 under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency

.registration information;

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