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(영문) 창원지방법원 통영지원 2016.02.05 2015고단1184
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No person shall have the other party deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation or aversion by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or the other person's sexual desire.

The Defendant, at around 23:40 on September 29, 2015, carried out hosting “C” games called “B B and 303” as an clinic, and, at around 23:40 on September 29, 2015, carried out hosting to the victim D, he/she shall be forced to cut back a hole into a hole of 17 cent and a hole of a hole of a hole of a hole of dalmat.

Along with the purpose of transmitting obscene and obscene letters to satisfy their sexual desire, they have sent comments that may cause sexual humiliation or aversion to the complainants.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on petition of complaint and examination of evidence;

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;

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. Where a conviction on a sex crime subject to registration becomes final and conclusive, which is subject to the obligation to register and 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 the Defendant is obliged to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

When comprehensively considering the Defendant’s age, occupation, risk of recidivism, type of crime of this case, motive, process, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention of sex crimes subject to registration and the effect of protecting the victims, etc.

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