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(영문) 부산지방법원 2018.07.18 2018고단1520
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

1. The defendant shall be punished by a fine of two million won;

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

Reasons

Punishment of the crime

The Defendant, between November 26, 2017 and 11:26, from November 26, 2017 to November 26, 2017, as a result of the limitation on the phone number display from his home located within 6:03 Dong 603, Busan Jin-gu, Busan, the Defendant sent the phone to the victim C (the 21-year age) with “branc bus.”

“The same shall apply to Na rice.”

“.....”

As a result, the Defendant reached the other party that may cause sexual humiliation or aversion through telephone or other communication 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;

2. Statement made by the police against C;

3. A written petition;

4. Application of Acts and subordinate statutes concerning the contents of telephone communications recorded in the CDs;

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;

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

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

4. The grounds for sentencing, taking into account the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure or notification of registered information; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Juveniles from Sexual Abuse (the fact that the Defendant appears to have committed the instant crime under the influence of drinking; (c) he/she appears to have committed the instant crime; (d) he/she is aware of his/her offense; (d) he/she has been punished for any sexual crime; and (e) he/she has no record of being punished for any sexual crime; and (e) other circumstances indicated in the record, including the Defendant’s age, sex, environment, family relationship, it is determined that there is any special circumstance that the disclosure of the Defendant’s personal information should not be disclosed).

1. Scope of applicable sentences under law: Fines of 50,000 to 5 million won; and

2. As to the crimes of this case, the sentence shall be pronounced.

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