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(영문) 대구지방법원 2014.12.18 2014고단5148
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

Punishment of the crime

On September 1, 2014, the Defendant sent text messages to the Defendant: (a) “Is the Victim D (or 20 years of age) who had access to the Defendant’s house of the Daegu Suwon-gu C apartment 8 210 Dong 210, and became aware of the access from the road to the Defendant’s cell phone,” and “Is the Victim D (or 20 years of age), “Is the Defendant be able to be satisfied”, “Is the Defendant to be able to dived if Is the Defendant’s house and complex refusal to do so if I want to do so, Is the Defendant would be able to dial partnership”, “Is the Defendant’s house of the Defendant’s house of Suwon-gu Suwon-gu C apartment 8 210, 2014, and “Is the need to contact with the Defendant if Is the Defendant’s house are not satisfied.”

Accordingly, the Defendant sent a text that causes sexual humiliation to the victim using communication media for the purpose of meeting the sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes to photographs of text messages;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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. Where a judgment of conviction becomes final and conclusive on the instant criminal facts of which personal information is registered in accordance with Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit the personal information of the Defendant to the head of the competent police office

The defendant's age, occupation, risk of recidivism, type, motive, process and seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, and the prevention effect of sexual crimes subject to registration which can be achieved due to such order.

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