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(영문) 대구지방법원 2016.03.22 2015고단6305
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On October 14, 2015, at around 12:43, 2015, the Defendant filed an application for a Kakakao Kakao Kakao xo of the victim B (V, 24 years old) who became aware of the fact through an Internet site and sent three copies of the Defendant’s sexual picture. “The need for the exchange of pictures”

Now it shows that he has lost his opinion;

Doescing to send solitary photographs, Docing to be seen, Doctrine, and Doctrine to be sent one of the chest photographs;

In this case, we need to do so in a thickness, and we need to do so.

The thickness to be sent by a stringer marcing

The message of “,” etc. and the video of their own will have been transmitted.

Accordingly, the Defendant reached the victim with a view to inducing or satisfying his or another person's sexual desire, such as words, images, etc. that may cause a sense of sexual humiliation or aversion through communications media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Kakao Stockholm Stockholm 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 an alternative fine for punishment;

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

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

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 becomes 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 a related agency pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order of personal information, and the preventive effect of the sexual crime subject to registration which can be achieved due to such order.

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