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(영문) 서울중앙지방법원 2015.04.03 2015고단43
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment for four months.

The execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 7, 2014: (a) around 04:13, 2014, the Defendant, using his mobile phone LG G2 (White), posted a video call to the victim D by using his cell phone LG2 (White), and presented the form of his sexual flag and self-defense at that time.

5. By 29.0, as shown in the annexed List of Crimes, it shown to the nine victims the form of their sexual intercourse and self-defense in the same manner.

As a result, the Defendant sent to the other party images that may cause a sense of sexual humiliation or aversion through telephone, mail, computer or other communication media with intent to arouse or satisfy his or another person's sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Each statement of F, G, E, H, I, D, and J;

1. Application of photographic Acts and subordinate statutes to a photograph;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. thereof;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. If a conviction of a sex offense subject to registration becomes final and conclusive on the judgment that constitutes a sex offense subject to registration under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 is obligated to submit personal information to

The defendant's age, occupation, risk of recidivism, motive of the crime of this case, method of crime, seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order of personal information, the preventive effect of the sexual crime subject to registration which can be achieved due to such order, and the effect of protecting the victim.

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