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(영문) 대구지방법원 서부지원 2013.11.07 2013고단1010
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 14, 2013, the Defendant sent letters to the victim C (here, 35 years of age) using his mobile phone at a dial-a-a-mail site on June 14, 2013, and sent to the victim C (here, 35 years of age) letters, such as “I wish to take a dial-a-mail bridge,” “I wish to take a drink,” “I wish to take a stove,” “I wish to take a stove,” “Is,” “Iss,” “Is,” “Is,” “Is,” “Is,” “Is,” and “Is, on July 12:08, 2013, “Is, in writing, send a male sex photo around 12:08, that would cause sexual humiliation or aversion with a view to meeting his or her sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (Submission of letters sent by the suspect to the victim and photographs), application of photographic Acts and subordinate statutes;

1. Article 12 of the relevant Act on Criminal Crimes and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012) on Special Cases concerning the Punishment, etc. of Sexual Crimes for which the choice of

1. Articles 70 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. If a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that the person is subject to the obligation to register personal information and submit such information under Article 334(1) of the Criminal Procedure Act, 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

In full view of the Defendant’s age, occupation, record of the crime, details and motive of the crime, method and consequence of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victim, etc., the Act on Special Cases Concerning the Punishment of Sexual Crimes.

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