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(영문) 서울중앙지방법원 2014.05.09 2014고단1986
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On February 18, 2014, at around 11:25, the Defendant sent a phrase that may cause sexual humiliation and aversion to the victim by using the Defendant’s handphones for the purpose of inducing or meeting the sexual humiliation display restriction in order to attract or satisfy the Defendant’s trade name residing in Jongno-gu Seoul Metropolitan Government, 323, the Defendant sent the phone phone of the victim C using the Defendant’s handphones for the purpose of inducing or meeting the Defendant’s sexual humiliation display restriction on the phone number display.

Accordingly, the Defendant reached the other party that may cause a sense of sexual humiliation or aversion through the communication media with a view to inducing or satisfying his own sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to telephone recording conversations and investigative reports (storage of telephone recording files);

1. Relevant Articles of the Act on Criminal Crimes and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment.

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused 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 is obligated to submit personal information to

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, method and seriousness 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 and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., personal information shall be personal information.

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