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(영문) 대구지방법원 서부지원 2013.11.07 2013고단1257
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

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

If the defendant does not pay the above fine, 50,000 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, on September 22, 2013, at around 12:34, the Defendant, at the Defendant’s residence located in Seo-gu Seo-gu Ba 101, sent a phone number of the victim C (or 38 years of age) to the Defendant, and sent a phone call to the victim for the purpose of meeting his/her sexual desire, such as “one defect, bit of bitch, large bit of bitch, bit of bitch, large bit of bitbit of bits, and large bits of bits.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant Articles of the Act on Criminal Crimes and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment.

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. If a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that the person is subject to the obligation to register personal information and submit such information 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

When considering the fact that the defendant is the first offender, the content and motive of the crime, the method and consequence 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 of the sexual crime subject to registration, the effect of protecting the victim, etc., in full view.

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