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(영문) 수원지방법원 안산지원 2014.07.18 2014고단1251
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

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

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

Reasons

Criminal facts

No words, sounds, letters, pictures, images, or other things that may cause sexual humiliation or aversion, using a computer or any other communications intermediary, with intent to arouse or satisfy his/her own or another person's sexual desire, shall be allowed to arrive at the other party.

Nevertheless, on March 3, 2014, at around 21:20, the Defendant sent three copies of a photograph from the male sexual organ to the victim, knowing that the victim is a female, while talking with the victim B (n, 18 years of age) and C, so that the victim may cause sexual humiliation and aversion repeatedly.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes requesting provision of communications data;

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

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The crime of this case on the grounds of sentencing under Articles 47 and 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure and Notification of Personal Information, and 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 (which does not disclose and notify personal information in consideration of the initial crime, family relationship, and the previous circumstances) is a case where the defendant reached the victim’s sexual image signs through C, and the defendant is deemed to have caused considerable humiliation due to the crime of this case. The defendant recognized each of the crimes of this case, and reflects his mistake in depth, and the defendant reflects his own mistake, and the defendant is the defendant is a person who has no punishment power, and all of the sentencing conditions specified in the trial of this case.

Where a conviction is finally binding on a criminal fact which is a sex offense subject to registration and submission of personal information, the defendant shall be convicted.

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