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(영문) 부산지방법원 2014.12.03 2014고단8612
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On September 9, 2014, at around 02:08, the Defendant sent the face of C, which is the main body of the Defendant, to mobile phones, and the photographs of third parties, to the victim D (C's speech), victim E (C's omission), and victim F (E's wife), and sent them to the victims a photograph that may cause sexual humiliation or aversion through telecommunication media with a view to inducing or satisfying his or other people's sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement about D, C, and G;

1. Each photograph;

1. Application of the Acts and subordinate statutes on investigation reports (Attachment to Kakao Stockholm photographs);

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

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

1. Where a conviction becomes final and conclusive with respect to a crime subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused 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

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

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