logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 여주지원 2014.08.25 2014고정282
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On May 12, 2014, at around 00:39, the Defendant sent one copy of his sex photograph to the victim C (the age of 16) using the Eunpyeong-gu Seoul Metropolitan Government B apartment 503 and smartphone Kakakaoox, and sent the victim’s photograph to the effect that the victim would not send his photograph. As stated in paragraph (1) that the victim would not send his/her photograph, the Defendant sent the Defendant’s text “original Pour, as well as Habdog.”

Accordingly, the Defendant sent the victim a speech or image that may cause sexual humiliation or aversion using communication media with a view to meeting his/her sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The application of the Kakao Stockholm dialogue content and the statutes;

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 (1) 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 after Completion of a sexual assault treatment program;

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

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it is determined that the case constitutes a special circumstance in which personal information shall not be disclosed pursuant to the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, such order shall not be sentenced.

arrow