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(영문) 서울남부지방법원 2015.08.28 2015고단2165
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

No person shall have the other party deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation or aversion by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or the other person's sexual desire.

Nevertheless, at around April 18, 2015, the Defendant sent his sexual photograph to the cell phone of the victim D (W, 29 years old) that was known through the Defendant’s cell phone using the Defendant’s cell phone at the Defendant’s dwelling located in Yeongdeungpo-gu Seoul Metropolitan Government B and 412.

As a result, the Defendant sent to the victim images that may cause sexual humiliation 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 of D police statement;

1. Data to establish the Kakaox;

1. Application of Acts and subordinate statutes to the investigation report ( cell phone confirmation, etc. of a suspect);

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 Committed;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders or Notification Orders; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant is the primary offender, the social relationship is clear, and the crime of this case is likely to have been committed contingently. In full view of all the circumstances such as the benefits expected by the disclosure order or notification order of this case and the preventive effect expected by the disclosure order of this case, and disadvantage and side effects resulting therefrom, there are special circumstances in which the disclosure

1. Registration and submission of personal information under Article 334(1) of the Criminal Procedure Act shall be subject to the order of provisional payment.

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