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(영문) 서울서부지방법원 2013.09.13 2013고단1962
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On June 27, 2013, at around 15:08, the Defendant sent a photograph of the Defendant’s sexual organ to the cell phone of the victim C (the age of 55) using the Defendant’s cell phone in the event at the Defendant’s house located in Seodaemun-gu Seoul Western Park.

Accordingly, the Defendant reached a video that may cause sexual humiliation or aversion to the victim with a view to inducing or satisfying the sexual desire of the Defendant or the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes on photographs;

1. Article 13 (Selection of Fine)

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

1. Where this judgment becomes final and conclusive on the registration of personal information 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 pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency under

However, an order for disclosure and notification of registered information is not an order for disclosure and notification of registered information, since it is judged that there are special circumstances that the disclosure of personal information should not be disclosed in light of the defendant's tendency of unsatising (not high possibility of re-offending) on the defendant's military force.

It is so decided as per Disposition for the above reasons.

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