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(영문) 서울남부지방법원 2019.09.25 2019고단2792
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On February 12, 2019, at around 11:07, the Defendant: (a) opened a video call to the victim D (a) using the function of “restrictions on the display of identification numbers”; and (b) sent the images of the victim’s sexual organ to the victim through the video call screen for the purpose of inducing or meeting his/her own or other people’s sexual desire; and (c) sent the images that may cause sexual humiliation or aversion to the other party through a communication medium, such as telephone, for the purpose of inducing or satisfying his/her or other people’s sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Color photographs of a video call screen;

1. Application of the Acts and subordinate statutes on records of victims;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. According to the proviso of Article 42(1) of the Criminal Procedure Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, where a person subject to registration of personal information, disclosure order, or notification order is sentenced to a fine for a crime under Article 13 of the Act on the Punishment, etc. of Sexual Crimes, he/she is excluded from a person subject to registration of personal information, and the defendant is not subject to registration of personal information and is not obliged to submit personal information

In addition, since it does not constitute a sex offense subject to an order of disclosure and notification as stipulated in Articles 47 and 49 of the same Act, it does not issue a duty to submit personal information and an order of disclosure.

The defendant's age, the type and contents of the crime, the process of the crime, the records of the crime, other social benefits expected by the disclosure notification order and the employment restriction order.

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