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(영문) 인천지방법원 부천지원 2014.11.05 2014고단2118
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On June 7, 2014, at around 19:10, the Defendant sent to the victim J (hereinafter, 13 years of age) (hereinafter, referred to as “PP”) (hereinafter, “PP”) a message that causes sexual humiliation with the content that “I mobile phone sales offices located in Gangseo-gu Seoul Metropolitan Government would cause sexual humiliation,” and sent, by June 12, 2014, a message that causes sexual humiliation to the victim for the purpose of meeting his/her sexual desire over 12 times in total, as indicated in the attached list of crimes, such as the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to J;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes governing the details of plastic transmission between the victim and the suspect;

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

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

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Where a conviction of a defendant against a sexual crime subject to registration of personal information under Article 334(1) of the Criminal Procedure Act is finalized, 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 to a related agency pursuant to Article 43 of the same Act

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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