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(영문) 서울북부지방법원 2015.02.04 2014고단4459
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 31, 2014, at around 16:10, the Defendant, at the residence of the Defendant located in the 2nd floor in Gangnam-gu Seoul, Gangnam-gu, Seoul, divided the free phone number using a mobile phone, attempted to display a video phone with restricted number display to the mobile phone of the victim C (the age of 46, female) and presented a video image in the form of a man who sent the victim to the computer monitor of the recipient of the telephone to the victim’s act of self-defluence of his/her sexual flag, through the screen of his/her mobile phone image.

Accordingly, the Defendant sent to the victim images that may cause sexual humiliation or aversion through telephone with a view to meeting his own sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Relevant Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with labor;

1. Article 62 (1) of the Criminal Act;

1. An order to attend a lecture or an order to provide community service is issued twice the same criminal records as the sentencing grounds under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant does not agree with the victim. On the other hand, the defendant reflects the defendant's age, character and conduct, family relation, motive, means and result of the crime, and all other circumstances including the defendant's age, character and conduct

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

The age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, disclosure order or notification order of personal information is expected to be disadvantageous to the defendant due to the age, occupation, risk of recidivism, method and consequence of the crime, and the degree of disadvantage to the defendant.

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