(영문) 서울중앙지방법원 2018.8.31. 선고 2018고합547 판결

The accused shall disclose and notify the information on the accused using an information and communications network for five years, but the summary of the sex offense disclosed and notified shall be limited to the crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) as indicated in the judgment. The accused shall be ordered to place employment restrictions on children and juveniles-related institutions

The seized Samsung Tallon City 6 Soviet City shall be confiscated only one cell phone (No. 1). The prosecution against intimidation among the facts charged in this case is dismissed.

Reasons

Criminal facts

2018Gohap547

The defendant, for the purpose of meeting his own sexual desire, asked women who need money using a mobile phone such as ‘B', etc. to offer money using a dumping dump flaf, and then asked women who need money from the following women to send a photograph showing sound and chests, etc., and if women request money, they will not pay money by giving them a flaf as if they spread the above photographs.

1. Violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, and violation of the Child and Juvenile Protection Act;

No one shall collect another person's information through an information and communications network or entice another person to provide information, and no one shall allow a child or youth to engage in any act, self-defense, etc. which causes sexual humiliation or aversion of the general public by exposing all or part of his/her body in return for promising the child or youth to provide money and valuables.

Nevertheless, at around 20:00 on December 23, 2017, the Defendant connected the franchise dump dump dump dump dump B by using his/her mobile phone, and then accessed the victim C (the victim 17 years of age), who is a child or juvenile, with the need to pay money, and then sending al body photographs, etc., he/she was sent by the victim with the victim’s photograph and dump pictures, such as the victim’s biographic photo and fump photo.

As a result, the Defendant collected information to identify an individual through the information and communications network by deceiving the victim, and at the same time, promised the victim to provide money and valuables to the victim who is a child or juvenile, thereby allowing the victim to expose part of the body of the victim or committing self-defense.

2. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Possession of obscenity);

The Defendant, at the time, at a place prescribed in the above paragraph (1) as mentioned in the above paragraph (1), was transmitted with the victim’s b body pictures, images, and video images, etc. to view the victim’s body pictures, images, etc., and possessed children and juvenile pornography by means of storing the aforementioned pictures and video images in the mobile phone multilocks of the Defendant with knowledge that the victim was a juvenile of 200s.

3. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

At around 10:18 on December 24, 2017, the Defendant sent the victim the word “Neman’s body photograph, extracted and printed the entire photograph of his body photograph and put it up into the Ethran F High School’s emotional book” on the ground that the victim was able to spread the victim’s body photograph, etc., and then sent the victim’s body photograph, etc. around 10:00 on December 30, 2017 to the near the subway station located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, thereby threateninging the victim into the Defendant’s house and the Defendant’s house located in Seoul Special Metropolitan City, Seoul Special Metropolitan City H building and heading.

At around 13:00 on December 30, 2017, the Defendant: (a) had the victim spread obscene pictures, etc. without hearing the horses at the Defendant’s home; (b) had the victim frightly frightly frighted against the victim; (c) frightened the victim into the victim’s clothes; and (d) frighted the Defendant into the victim’s sexual organ into the victim’s sexual organ.

2018Gohap575

From February 2, 2017, the Defendant: (a) received 11 mobile phones, such as J and B, using mobile phones for the purpose of meeting his/her sexual desire; (b) sent money to women who need money using the above language application; (c) sent a photograph of his/her body while communicating with the above women, and (d) attempted to send money to them; (d) from approximately 60 women who want to send money, the Defendant sent a photograph of his/her body, face, etc. showing the sound and face of the women, such as the body photograph and face, and the body photograph, face photograph, etc., showing the sound and face of the women, and attempted not to pay money if the women request money.

(a) Violation of Information and Communications Network Utilization Promotion Act;

No one shall collect another person's information through an information and communications network by fraud, nor shall entice another person to provide information.

Nevertheless, the Defendant had access to the franchise juscopic juscopic juscopic juscopical cell phone at the Defendant’s residence located in the Seoul Special Metropolitan City, Gwanak-gu (Seoul Special Metropolitan City) around April 26, 2017, and then had access to the victim K (Dropic l l l l l l l l l l l l l l l l l l l l l l l l l l l) and then sent money to the victim if he sent the victim’s body l l l l l l m l l l l l l l l l l l l l l m l l l l l l l m l l l l l l l l m l l l l l l l l

Accordingly, the Defendant collected information that could identify an individual through the information and communications network as above through the victims.

(b) Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Possession of obscenity);

On January 23, 2018, the Defendant: (a) received from the victim M(M) in the same manner as described in paragraph (a) at the Defendant’s residence in the same manner as described in paragraph (1); (b) possessed a child or juvenile pornography with the knowledge that the victim was a juvenile of 200 years of age; (c) possessed a child or juvenile pornography with the knowledge that the victim was a juvenile of 200 years of age; and (d) continued to store the aforementioned photograph and video in the cell phone room with the knowledge that the victim was a juvenile of 200 years of age.

At around 04:00 on January 24, 2018, the Defendant: (a) sent the victim’s sound, chest, body pictures showing the victim’s chest, and dynamic image from the victim’s M (the age of 17), and became aware of whether he was attending a school from the victim as a high school student; (b) could have the victim enter the school’s bulletin board of the school; (c) ‘Ispathy’, ‘Ispathy’, ‘Ispathy’, ‘Ispathy’, ‘Ispathy’, ‘Ispathy’, ‘Ispathy’, ‘Ispathy’, ‘Ispathy’, ‘Ispathy’, ‘Ispathy’, ‘Ispathy’, ‘Ispathy’, ‘Ispathy’, ‘Ispathy’, ‘Ispathy’, ‘Ispathy’, ‘Ispathy’, ‘Ispathy?

Summary of Evidence

“2018Gohap547

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Duplications of CDs, such as D dialogues between the suspect and the victim, D dialogues, motion pictures, etc.;

1. Defendant's legal statement;

1. Each police statement of statement of M,O, P, K, and Q;

1. The application of the Acts and subordinate statutes on seized goods and suspect mobile phone photographs, gallon photographs, etc., victim K,O, photographic image sent by P to the suspect, D dialogues, victim K and D dialogues, victim P and D dialogues, contents of the victim victim P and D dialogues, victim M and D dialogues, contents of the victim M and D, MD transmission photographs, copies of MD transmission photographs 77 printings, copies of MD transmission photographs 258 printeds, QD transmission photographs 134 printeds, K D transmission photographs 14 printeds, and copies of OD transmission photographs 70 printeds;

1. Article applicable to criminal facts;

Article 7(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a point of rape), Article 13(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a point of coercion), Article 324(1) of the Criminal Act (a point of coercion), Articles 72(1)2 and 49-2(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (a point of collection of personal information by deception), Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a point of possession of obscene materials for each child and juvenile)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the crime of paragraph (1) of the crime of the 2018 High 547 Case) and the crime of violation of the Act on the Protection of Children and Juveniles from Sexual Abuse (the Purchase, etc.) and the crime of violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., and punishment provided for the crime of violation of the

1. Selection of punishment;

Selection of limited imprisonment and choice of imprisonment for the remaining crimes against the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with punishment prescribed in the Act on the Protection of Sex Offenses of Children and Juveniles Who are the largest punished]

1. Order to complete programs;

The main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the main sentence of Article 21(2) of the Act on the Protection of Children

1. An order for disclosure and notification;

The main sentence of Article 49(1) and the main sentence of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018), Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Confiscation;

1. The scope of applicable sentences under law: Imprisonment with prison labor for 5 years to 45 years;

2. Scope of recommendations according to the sentencing criteria;

(a) Basic crimes: Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

[Scope of Recommendation] General Criteria for rape (including rape/special rape, etc., in relation to relatives, and juvenile rape) of Type 2

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, 5-8 years of imprisonment

(b) Application of the standards for handling multiple crimes: Crimes setting the sentencing criteria for at least five years, and crimes setting the sentencing criteria for which no sentencing guidelines have been set, crimes violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse ( possession of obscene materials), and crimes of coercion

Since it is in the guidance, only the lower limit of the recommended sentence range of basic crimes for which the sentencing criteria are set shall be observed.

3. Determination of sentence;

The Defendant, while holding a photograph or video image, etc. taken of his body, such as face, chest, and sound, by deceiving several victims to give money, and forced them to talk with the Defendant by threatening the victim by using it. Furthermore, the Defendant had been raped by threatening the victim C (a juvenile), who is a juvenile to spread the transmitted video as above. Furthermore, the crime committed by the Defendant is extremely highly likely to be committed in light of the background and method of each crime, the age of the victims, the repetition of the crime, and the continuity of the crime. Accordingly, the victims of age seem to have suffered serious mental impulse and physical pain, and is considered to have been adversely affected in forming a sound sexual value. This is the circumstances unfavorable to the Defendant.

However, the Defendant is the primary offender, and both of the instant crimes are recognized, and they are against themselves. In addition, the agreement with the victim K,O, and P does not want to be punished against the Defendant. This is the circumstances favorable to the Defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the various circumstances that serve as the conditions for sentencing, such as the age, character and conduct, environment, motive, means and method of committing the crime, and the scope of recommended punishment according to the sentencing guidelines.

Registration of Personal Information

In a case where a judgment of conviction becomes final and conclusive on the facts constituting a crime indicated in the judgment, the Defendant becomes a person subject to registration of personal information pursuant to 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 authority pursuant to Article 43 of the same Act. The period of registration of personal information of the Defendant is 20 years pursuant to Article 45(1)2 and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the period of registration is not recognized to be unreasonable in light of the severity of a sex crime which causes the registration of personal information and the degree of possibility

Public Prosecution Rejection Parts

1. Summary of the facts charged

On January 20, 2018, the Defendant received the victim’s sound, 19 years of age from the victim (here, 19 years of age) a photo, face photograph, and then requested the victim to transmit the victim’s face to the victim, but the victim refused to do so, the Defendant her face was cut off on the victim’s site. On January 20, 2018, the Defendant sent the victim a DNA message, i.e., the victim was placed on the victim’s face, not on the victim’s face, and threatened the victim.

2. Determination

This part of the facts charged is a crime falling under Article 283 (1) of the Criminal Act, which falls under paragraph (3) of the same Article.

In light of the records, the victim cannot institute a public prosecution against the clearly expressed intent of the victim. However, the victim submitted a written agreement and a written application for non-prosecution of punishment on April 19, 2018, which was after the prosecution of this case, and expressed his/her intention not to seek the punishment of the defendant. Therefore, the public prosecution on this part is dismissed pursuant to Article 327 subparagraph 6