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(영문) 서울북부지방법원 2014.11.28 2014고단3666
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

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

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

Reasons

Punishment of the crime

On June 25, 2014, at around 15:48, the Defendant sent a victim’s cell phone from the Defendant’s cell phone to the victim E (n, 40 years of age) with a view to inducing or meeting his/her sexual desire in the Defendant’s residence, and sent a victim’s image to his/her own seat with a view to inducing or satisfying his/her sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to photograph cinematographic currency;

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

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is not good and does not agree with the victim. However, the defendant does not have the same criminal record and reflects it with the victim, and the defendant's age, character and conduct, family relation, motive, means and consequence of the crime, and the circumstances after the crime are committed shall be determined as ordered in full view of all the circumstances.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, 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 is obligated to submit personal information to the competent agency pursuant to

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be borne by the Defendant, the preventive effect and effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the proviso of Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be comprehensively considered.

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