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(영문) 부산지방법원 2018.09.28 2018고단3271
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

On June 24, 2018, around 19:23, the Defendant requested the victim E (the 16-year old) (the 16-year-old) to be informed of “D” at his own house located in Busan Northern-gu C, and had the victim go through a video call, and had the victim go through the video. The Defendant displayed by hand the form of his sexual organ as spawn as spawn and spathn.

As a result, the Defendant sent to the other party images 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. Recording records of the statements of E;

3. A complaint;

4. Application of each statute of photography;

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. Taking full account of the following circumstances, Articles 47(1) and 49(1) of the Act on Special Cases concerning the Disclosure of Registered Information and the Punishment, etc. of Sexual Crimes Exempted from the Employment Restriction Order, the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the Defendant recognized the instant crime and convicted the Defendant, and there is no record of having been punished for sex crimes or other crimes, and the young who reached the age of 19 is expected to be able to improve their personality and behavior in the future, and that the young who reached the age of 19 is expected to make efforts to prevent recidivism while complaining of his wife, and other various records revealed in the records, such as the Defendant’s character, behavior, environment, family relationship, etc., the disclosure of personal information or personal effects of the Defendant, compared with the benefits expected due to the disclosure order or employment restriction order of registered information, the disadvantages and side effects of the Defendant, etc.

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