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(영문) 의정부지방법원 고양지원 2016.01.15 2015고단2958
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

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

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

Reasons

Punishment of the crime

On March 26, 2015, the Defendant sent a face-to-face page to the victim E (V) using his/her mobile phone (D) at the residence located in C and 301 at a time of strike, around 07:52 on March 26, 2015, by restricting the phone number display to the mobile phone number display of the victim E (17 years of age) through video conversations.

As a result, the Defendant sent to the victim images that may cause sexual humiliation or aversion through telecommunications media with a view to inducing or satisfying his or another person's sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F preparation;

1. Written response to communications data;

1. Report on internal investigation (specific number of the suspect), investigation report (execution of a warrant of search and inspection);

1. Application of the Acts and subordinate statutes to a photograph of a video call closure and to a caps of a telephone recording;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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

1. Where a judgment of conviction against a defendant on a sex crime subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant becomes 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 pursuant to Article 43 of the same Act.

Article 47 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, when comprehensively considering 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 of the sexual crime subject to registration which can be achieved due to such order, the effect of protecting the victim, etc.

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