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(영문) 서울남부지방법원 2019.05.08 2019고단358
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant appears to be a clerical error in the “18 years of age” in the written indictment against the Defendant (hereinafter “the Defendant”), which is at all known to the victim B (hereinafter “the Defendant”).

No person shall make any speech, sound, picture, image, or object that may cause a sense of sexual shame or aversion by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or another person's sexual desire, reach the other party.

Nevertheless, from December 12, 2018 to December 13, 2018, from around 21:12 to 08:30 on December 13, 2018, the Defendant sent to the Defendant’s house located in Yangcheon-gu Seoul apartment D, the Defendant sent the Defendant’s Messenger to the Defendant’s Messenger to the Defendant’s Messenger’s Messenger’s Messenger’s Messenger’s Messenger’s Messenger’s Messenger’s Mes, and sent the Defendant’s Messen’s Messenger’s Messenger’s Messenger’s Mes, and sent the Messen’s Messenger’s Messenger’s Messenger’s Mes

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Application of Acts and subordinate statutes in Chapter 11 of this Decree to a report on internal history (E dialogues and suspect account photographs), and a photograph incorporating the contents of a conversation;

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

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

1. Articles 70 (1) 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. According to the proviso of Article 42(1) of the Criminal Procedure Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, where a person subject to registration of personal information is sentenced to a fine for a crime under Article 13 of the Act on the Punishment, etc. of Sexual Crimes, he/she is excluded from a person subject to registration of personal information. Thus, the Defendant is subject to registration

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