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(영문) 부산지방법원 동부지원 2015.04.01 2014고단2272
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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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

1. On October 21, 2014, the Defendant committed the crime of October 21, 2014, in the vicinity of the Busan metropolitan traffic Daegu, around 12:38, the Defendant used a mobile phone (D) in the name of the branch of Busan metropolitan transportation, to use a mobile phone (D) with the phone of the victim E (the age of 29) for a mobile phone with the phone of the victim E (the age of 29), provided a flock, and said, the Defendant said that her flock, her, her, whether, or not, a flock

As a result, the Defendant reached the victim's speech that causes sexual humiliation and aversion by using communication media.

2. On November 7, 2014, the Defendant: (a) at the same place as Paragraph (1) around 14:00 to 14:15, Nov. 7, 2014, the Defendant: (b) sent two calls to the victim E on two occasions; and (c) called “dials, finites, finites, finites, and defects.”

As a result, the Defendant reached the victim's speech that causes sexual humiliation and aversion by using communication media.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Assault Crimes, which is applicable to the relevant criminal facts and the choice of punishment;

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 of a defendant who shall submit personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order falls under 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 obligated to submit personal information to the competent agency pursuant to

The age, occupation, risk of recidivism, type of crime of this case, motive, process, seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, and the expected side effects can be achieved.

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