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(영문) 대전지방법원 논산지원 2015.04.10 2014고단527
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

At around 16:40 on November 27, 2013, the Defendant sent to the victim C (the age of 42) a message of “from 16:40 on a day-to-day day-day day-time day-time day-to-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Specific Crimes (hereinafter “Sexual Crimes Punishment Act”) and the Selection of fines

2. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravated Punishment of Concurrent Crimes (obscenity using communications media)].

3. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

4. Article 16 (2) of the Sexual Violence Punishment Act;

5. When a conviction on a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using a communication medium) in the judgment on the registration of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Sexual Violence Punishment Act, and is obligated to submit personal information to a related agency pursuant

6. The age, occupation, risk of repeating a crime, type, motive, process, consequence, seriousness, degree of disadvantage and anticipated side effects of the accused due to the disclosure order, notification order, notification order, and sexual crimes subject to registration which may be achieved thereby;

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