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(영문) 대전지방법원 천안지원 2015.04.30 2015고단341
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 00:45 on September 20, 2014, the Defendant sent text messages to the victim D (the age of 14) off, off, panty, cut, cut, cut down, cut down, fright, or frighten) with the intent to satisfy the Defendant’s sexual desire, and sent the victim a speech and image that, at around 14:0-14:30 on the same day, the Defendant displayed his sexual organ exposed to the victim by sticking the victim’s image phone, thereby causing sexual aversion.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Articles of the Act on Criminal Crimes and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment.

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

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 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 head of a competent police office pursuant to Article 43

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc., the disclosure order or notification order shall not be issued to the Defendant pursuant to 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.

An order to attend a course or to complete a program;

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