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(영문) 서울동부지방법원 2015.11.19 2015고단2723
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 29, 2014, from around 15:05 to 15:25, the Defendant sent 10 copies of a bridge file of a woman’s bridge, exposed to the Defendant’s smartphone (B) with the Defendant’s smartphones, and sent 21 years of age to the victim C (hereinafter “SM display”) or a bareboat sexual act (hereinafter “SM display”).

As a result, the Defendant sent to the other party images that may cause a sense of shame or aversion through telecommunications media with a view to inducing or satisfying his or another person's sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes on the closure of a Facebook;

1. Relevant legal provisions concerning criminal facts, Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of a fine (in consideration of the fact that the accused acknowledges and reflects the wrongness of the accused, and that the accused has no same criminal record);

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 Committed;

1. Where a conviction becomes final and conclusive on the facts stated in the judgment that constitutes a sex offense subject to registration, 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of the Criminal Procedure Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., personal information shall be personal information.

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