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(영문) 대전지방법원 서산지원 2014.11.21 2014고단878
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On January 201, the Defendant was aware of the Victim B (C)’s office telephone (hereinafter “C”) by flaging on a dateless and unfortunateed phone, and made a speech that may cause sexual humiliation or aversion by phoneing to the victim at least 10 times every year from that time.

On April 19, 2014, at around 15:53, the Defendant sent to the victim a speech that may cause sexual humiliation or aversion, such as “I wish to see”, “I wish to do so,” and “I wish to do so promptly,” using a cell phone (D) for the purpose of meeting his own sexual desire at the site of the Yeonsu-gu Incheon Metropolitan City Cheongdong, Yeonsu-gu, Incheon, with the intention of meeting his own sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Domestic investigation reports (to attach obscene telephone CDs);

1. Application of the statutes requesting communication confirmation data;

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 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 becomes final and conclusive on the facts constituting a sexual crime subject to registration of personal information 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 obligated to submit his/her personal information

When comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victims, etc., the punishment, etc. of sexual crimes shall be imposed.

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