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(영문) 창원지방법원 2014.11.18 2014고단2347
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

1. The defendant shall be punished by imprisonment for four months;

2. When it is necessary for the accused to prevent the recidivism of a sexual crime of forty hours.

Reasons

Punishment of the crime

On December 27, 2012, the Defendant was sentenced to a suspension of the execution of six months of imprisonment with prison labor for obscenity by the Changwon District Court on December 27, 2012, and the said judgment became final and conclusive on January 4, 2013.

Around 16:51 on July 2, 2014, the Defendant sent his sexual image from the Defendant’s house located in Kimhae-si B to the victim’s cell phone of the victim C (the age of 16) due to the limitation on the phone number display by using the Defendant’s cell phone, and sent his sexual image to the victim with the limitation on the phone number display.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on internal investigation (limited to the cases where the images transmitted by the suspect are cut);

1. Records before judgment: Application of inquiry reports on criminal records, etc. and Acts and subordinate statutes;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of imprisonment with prison labor chosen;

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

In light of the Defendant’s age, occupation, risk of repeating a crime, motive, method and seriousness of the crime in this case, the degree and expected side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the preventive effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc., the personal information shall not be disclosed or notified in accordance with Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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