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(영문) 서울중앙지방법원 2014.04.25 2014고단1426
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

No person shall make any speech, sound, picture, image, or object that causes a sense of sexual shame to another person by telephone, mail, computer or other means of communication, with intent to arouse or satisfy his/her own or another person's sexual desire, reach the other person.

Nevertheless, at around 11:02 on January 20, 2014, the Defendant sent video images to the cell phone of the victim C (the age of 20) with a view to meeting his/her sexual desire, using the Kakao Stockholm case at the Defendant’s office located in Jung-gu Seoul, Seoul, for the purpose of meeting his/her sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the Act and subordinate statutes to screen images, investigative reports (Attachment to video CDs), and CDs;

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

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, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to the occurrence of the crime subject to registration, the preventive effect and effect of the sexual crime subject to registration, the effect of protecting the victims, etc., the disclosure order and notification order shall be issued to the Defendant.

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