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(영문) 제주지방법원 2019.05.01 2018고단2510
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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

From January 2018 to April 30, 2018, the Defendant sent the Defendant’s sexual organ exposed to the victim B (n, 23 years of age) through SNS Flusium “C” and sent the pictures taken up 11 times to the victim B (n, 23 years of age).

Accordingly, the Defendant sent pictures that cause sexual humiliation or aversion to the victim through the communication media with a view to inducing or satisfaction of his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. C Application of Acts and subordinate statutes governing transmission photographs

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. Article 62-2 of the Criminal Act; the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Where a conviction on a sex offense stated in the judgment that constitutes a sex offense subject to registration of personal information under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, becomes final and conclusive, 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

In light of the Defendant’s age, social relation, the type, motive, process of the instant crime, the risk of repeating a crime, the anticipated side effects of the Defendant’s entrance due to an order of disclosure or notification, and the prevention of sex crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., it is determined that there are special circumstances where personal information should not be disclosed or notified. Thus, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and children and juveniles against the protection of their sexual crimes.

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