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(영문) 대구지방법원 2015.03.24 2014고단6511
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine.

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.

On November 04, 2014, at around 11:38:50, the Defendant sent the victim C’s cell phone at the residence of the Defendant located in Daegu-gu, Daegu-gu (hereinafter referred to as “C”); “The Defendant sent the Kakakakao Kakao Kakao Stockholm to be deemed to be bad,” as well as from November 3, 2014 to November 16:03 of the same month, the Defendant sent the victim the text pictures that may cause sexual humiliation or aversion on 56 occasions, such as the list of crimes, as indicated in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes for internal investigation reports (obscenity letters and photographs transmitted by a suspect);

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of each alternative fine for punishment (i.e., reflectiveness, absence of criminal record);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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 48 (1) 1 of the Criminal Act to be confiscated;

1. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is a sex crime subject to registration under Article 334(1) of the Criminal Procedure Act, 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 the defendant is obligated to submit personal information to a related agency under

The age, occupation, risk of recidivism, motive of the crime of this case, method and seriousness of the crime, and the degree of disadvantage of the defendant resulting from the disclosure order or notification order of personal information.

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