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(영문) 춘천지방법원 원주지원 2018.01.11 2017고단1098
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 2, 2017, the Defendant sent images that may cause sexual humiliation or aversion to the victim E (e.g., age 36) using a mobile phone transmission restriction service in D’D “D,” located in Gangwon-gun, Gangwon-do, to show the victim E (e.g., age 36)’s sexual and self-defluence to the victim’s sexual desire, and caused the victim to reach the victim’s sexual humiliation through a communication medium for the purpose of meeting his sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each investigation report (round 7,8);

1. Application of two Acts and subordinate statutes to a photograph by capturing a victim’s telephone call list and by capturing a suspect’s own image;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Where a judgment becomes final and conclusive on the registration of personal information in accordance with Article 16(2) and (3) 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 pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the accused is obligated to submit personal information to the competent agency pursuant to

In light of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, there are special circumstances in which the Defendant shall not disclose or notify personal information pursuant to 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.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.

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