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(영문) 수원지방법원 안산지원 2014.10.29 2014고정1520
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

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

Criminal facts

On April 12, 2014, at around 09:13, the Defendant sent to the other party the images that cause a sense of sexual shame using the communication media by putting the images on the cell phone used by the victim D (n, 21 years of age) using the function of restricting the indication of the sender to C mobile phone, and transmitting them to the victim by using the cell phone, which is used by the victim D (n, 21 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the draft D;

1. Relevant legal provisions concerning facts constituting the crime, Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of a fine (see, e.g., that the defendant recognizes the crime in this case and reflects his mistake in depth and that the defendant has no record of punishment exceeding the fine);

1. Articles 70 (1) 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. As long as a fine is convicted on the accused who committed a sexual crime of determining whether to impose an order to complete the service on the grounds that he/she is subject to the imposition of a sexual crime under Articles 47 and 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure and Notification of Personal Information, 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 (no previous one exists, family relations, and the outlines, etc.), an order to complete the service should, in principle, be imposed on the accused. However, in the summary order of the instant case, the accused did not impose an order to complete the service, etc. on the accused, and only the accused filed an application for formal trial, the order to complete the service is not imposed in accordance with the principle of prohibition of disadvantageous alteration under Article 457-2 of the Criminal Procedure Act (see Supreme Court Decision 2012Do8736, Sep. 27, 2012).

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