(영문) 부산지방법원 2014.7.23.선고 2014고단2279 판결

Where a defendant fails to pay the above fine, the defendant shall be confined in a workhouse for a period calculated by converting 100,000 won into one day.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Criminal facts

2014 Highest 2279

On January 31, 2014, at around 15:22, the Defendant: (a) set up a warning of the restriction on sending the phone number so that the other party to whom the phone was sent could not know the phone number of the sender at the Defendant’s home, and (b) viewed the video that the Defendant used the cell phone of the victim D (V, 19 years of age) to perform the act of self-defacing his sexual organ by using the video phone of the victim D.

Accordingly, the Defendant sent to the other party images that may cause a sense of sexual humiliation or aversion through video phones with a view to inducing or satisfying his or another person's sexual desire.

2014 Highest 3894

On December 30, 2013, at around 11:24, 2013, the Defendant sent a video phone from the Defendant’s house located in Busan-gun, and from the Defendant’s cell phone located in 103 301 dong 301 to the Defendant’s cell phone number display restriction, to view the images of the Defendant’s sexual organ and self-defense.

In addition, from the same date to January 6, 2014, the Defendant reached the victim with a total of five times, as indicated in the attached list of crimes, for the purpose of meeting the Defendant’s sexual desire by the foregoing method, the Defendant sent the images causing a sense of sexual humiliation through telecommunication media for the purpose of meeting the Defendant’s sexual desire.

Summary of Evidence

2014 Highest 2279

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Visual-facule photograph of 2014No3894;

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Mobile phone closure photographs at the time of damage;

1. Application of the Acts and subordinate statutes to closure at the scene of damage from internal accidents;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Selection of Fines)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Invitation of a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order to complete programs;

Where a judgment on personal information of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, the defendant is 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 agency pursuant to

Disclosure Order or Notice Order

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime, degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention and effect of sexual crimes subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The reason for sentencing, including the confession of the defendant, the fact that he/she has no record of criminal punishment in the past, and the fact that he/she appears to have caused a considerable sense of sexual humiliation to the victims through several times, etc., and other factors, including the motive, means and result of the crime of this case, the frequency of the crime, the age of the defendant, character and conduct, the environment of the defendant, criminal record and circumstances after the crime, etc., shall be comprehensively taken into account, and the punishment as per the disposition shall be determined as per Disposition.