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(영문) 서울중앙지방법원 2015.02.27 2014고단9544
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

On October 6, 2014, from around 12:34 to around 12:36 of the same day, the Defendant sent a cell phone of the victim D (In this case, 21 years old) to the cell phone of the victim D in Dongjak-gu Seoul Metropolitan Government, thereby showing the Defendant’s self-defense and his sexual organ as a video call.

Accordingly, the Defendant sent words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation or aversion through telephone, mail, computer, or other means of communication with intent to arouse or satisfy his/her own or another person's sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written petition;

1. A photograph of a visual phone-faf course;

1. Application of Acts and subordinate statutes to telephone statements prepared by 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 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. In a case where a conviction against the defendant on the criminal facts that constitute a sex offense subject to registration of personal information by taking account of the defendant's age, character and conduct, occupation and family relation, as the sentencing reason of Article 334 (1) of the Criminal Procedure Act is not good, the defendant's mistake is against himself/herself and the defendant does not repeat the crime, and the defendant has no criminal record of the same kind, and in a case where the conviction against the defendant is finalized, 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 related agency pursuant to

Because of the age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, disclosure order or notification order, the degree and expected side effects of the disadvantage of the defendant due to the disclosure order or notification order, and the expected side effects.

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