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(영문) 대구지방법원 상주지원 2015.10.06 2015고단409
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

No defendant shall allow another person to deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual shame or aversion, by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or another person's sexual desire.

On June 14, 2015, at around 23:49, the Defendant sent a speech that may cause sexual humiliation and aversion to the victim C (the age of 72, inn) at the residence located in the Yacheon-gun, Yacheon-gun, Gacheon-gun, and that “I am off the clothes,” and “I am out of the glabbbbbbbbbing, I am under the care of her part,” and “I am out of the glabing area.”

Summary of Evidence

1. A statement partially made by the defendant (a statement that the defendant is unable to memory because he/she is under the influence of alcohol);

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution against the defendant (a statement that recognizes the defendant's speech as the facts charged, even though it was not memoryed as to what the victim made by drinking, on the same occasion as the victim at the time of the case)

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to inquiries into information about communication data for investigation and cooperation (the telephone number for the victim is the telephone number of the defendant);

1. Relevant Articles on criminal facts and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;

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

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

1. If a conviction on a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act 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 to the head of a competent police office pursuant to Article 43

The defendant's age, occupation, risk of recidivism, and exemption from the disclosure order.

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