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(영문) 수원지방법원 2014.04.18 2013고단6949
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

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

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

Reasons

Criminal facts

At around 00:30 on November 15, 2013, the Defendant: (a) set up at the Defendant’s home located in Sungnam-si, Sungnam-si, 102 Dong 1301(D) by the restriction on the phone number display; and (b) made the victim E (or 26 years of age) using the phone call “I wish to bomp immediately, I want to spher it, I would am spher, I would am to spher, and I would spher spher,” etc., the Defendant sent to the victim a speech that may cause sexual humiliation or aversion through telephone for the purpose of meeting the sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of victim E;

1. A written petition;

1. Application of Acts and subordinate statutes to a report on internal investigation (investigation of the results of reverse tracking of the details of conversations in which an appeal is filed);

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

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

1. Where a conviction of a defendant against a sex offense subject to registration becomes final and conclusive on the judgment that a person subject to registration should submit personal information under Article 334(1) of the Criminal Procedure Act, 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 relevant agency

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence, and seriousness of the crime of this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall be given to the Defendant, given that there are special circumstances under which the disclosure of personal information shall not be disclosed or notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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