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(영문) 수원지방법원 성남지원 2015.03.06 2014고단3025
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

On August 17, 2014, at around 19:35, the Defendant sent one copy of the photograph taken by the Defendant’s sexual flag after being string back to the Defendant’s kynax, which was installed in the Defendant’s house at Sungnam-si building and the Kakao Kakao Kao Kao Kakao Kao 2, which was installed in the Defendant’s cell phone at the Defendant’s house, and used by the Defendant’s cell phone at the Defendant’s house, and sent the text message “Non” to the Defendant’s cell phone to be used by the victim using the above method at around 20:24, August 17, 2014. On August 21, 2014, the Defendant sent a text message to the Defendant’s cell phone with the Defendant’s cell phone to be used by the victim in the above method, as seen above.

As a result, the Defendant sent words and photographs that may cause sexual humiliation or aversion to the victim through telecommunications media with a view to inducing or satisfaction of his or her sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to the investigation report (Evidence List No. 3);

1. Relevant Articles on criminal facts and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;

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 conviction on the criminal facts indicated in the judgment against the defendant who has registered personal information under Article 334 (1) of the Criminal Procedure Act becomes final and conclusive, the defendant shall be subject to the registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and shall be obliged to submit personal information to the head of a police office having jurisdiction over his/her domicile

The proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, in light of the details of crimes subject to disclosure order or notification exemption registration.

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