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(영문) 창원지방법원 진주지원 2014.01.14 2013고단1190
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 60,000 won.

Reasons

Punishment of the crime

No person shall have the other party deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation or aversion by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or the other person's sexual desire.

Nevertheless, on June 28, 2013, at around 20:03, the Defendant sent images to the victim D (the age of 61, female) using mobile phones from 101 Dong 802, the Defendant’s residence in Songpa-gu Seoul, Songpa-gu, to show the Defendant’s sexual organ and transmit images with his hand, causing sexual humiliation and aversion to the victim, and caused sexual humiliation and aversion to the victim by 17 times in total until July 13, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on telephone details;

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

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a conviction becomes final and conclusive in relation to the above crime subject to registration, which is a sex offense subject to the obligation to submit personal information under Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit his/her personal information

The age, disclosure or notification order of the defendant may be achieved due to the age, expected side effects, and the possible side effects of the defendant's entry.

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