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(영문) 광주지방법원 2015.04.22 2015고단700
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Around 13:40 on February 15, 2015, the Defendant told the Defendant at the Defendant’s house located in Gwangju Northern-gu Seoul Northern-gu, that “I want to take the panty one by putting the phone on the cell phone of the victim D (the age of 26) who became aware of the “voluntary”, which is the job seeking of smartphones, and job offer display, to the cell phone of the victim D (the age of 26) who became aware of the phone number display limitation, and “I want to take the panty one’s smell. I want to have the panty one’s hole up.”

Therefore, the Defendant reached the other party the words that may cause sexual humiliation or aversion through the communication media with a view to inducing or satisfying his/her sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

1. Optional fine;

1. Penalty fine of 2,00,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. If a conviction on a sex crime subject to registration of personal information becomes final and conclusive under Article 59(1) of the Criminal Act (i.e., the fact that the defendant is seriously against the defendant after the crime in this case, the victim does not want the punishment of the defendant, the defendant does not have any criminal power, and his family members and branch members want to take into account) of the suspended sentence, 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 thus, the defendant is obligated to submit personal information to the head of a competent police office pursuant to

However, when a judgment of suspension of sentence is rendered, the suspension of sentence shall not be invalidated and personal information shall not be submitted from two years after the date when the judgment becomes final and conclusive.

The age, occupation, risk of recidivism, motive for committing a crime, progress and seriousness of a crime, the degree and anticipated side effects of the disadvantage of the defendant due to the disclosure order or notification order, as well as the age of the defendant exempted from the disclosure order or notification order.

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