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(영문) 광주지방법원 순천지원 2015.01.16 2014고단1831
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On August 7, 2014, around 00:23, around 00:24, around 00:00:26, the Defendant called the cell phone of the victim B (the age of 22) using his own cell phone for three times, and sent a new lusium by advertising it to the mobile phone of the victim B (the age of 22), and around 04:03 on the 15th of the same month, the Defendant called “I wish to see, I wish to me, me me me me me me me me me me me me me me me me me me me me me me me me

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A complaint;

1. Application of Acts and subordinate statutes governing recording records;

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

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. 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, etc. 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

Considering the Defendant’s age, occupation, risk of repeating a crime, motive, method, seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the preventive effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., it is determined that there are special circumstances that need not disclose or notify personal information pursuant to the proviso to 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 of Children and Juveniles against Sexual Abuse.

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