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선고유예
(영문) 서울북부지방법원 2013. 11. 29. 선고 2013고단2576 판결
[성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)][미간행]
Escopics

Defendant

Prosecutor

He/she shall file a prosecution (prosecution) and a trial (public trial).

Defense Counsel

Attorney Song-tae (Korean)

Text

The sentence of sentence against the defendant shall be suspended.

Criminal facts

The Defendant reached 15 years of age as follows: (a) the Defendant, by telephone, had his pictures that cause a sense of sexual humiliations (e.g., 55 years of age), with a view to meeting his own sexual desire over four occasions.

1. On August 20, 2013, around 19:33, the Defendant sent pictures inserted the male sexual organ into female sexual organ into the victim’s cell phone machine using the Defendant’s cell phone device, which is the Defendant’s residence in Dongdaemun-gu Seoul Dongdaemun-gu.

2. On August 24, 2013, at around 02:02, the Defendant sent the victim’s cell phone image inserted his/her male sexual organ into female sexual organ in the victim’s cell phone according to the foregoing method.

3. On August 26, 2013, at around 18:42, the Defendant transmitted the victim’s cell phone image inserted his/her male sex in his/her female sexual organ in the victim’s cell phone in the same manner as paragraph (1).

4. At around 18:44 of the same day, the Defendant transmitted the victim’s cell phone image inserted his male sexual organ into female sexual organ in the victim’s cell phone in the same manner as that of paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of police statements made against Anchors;

1. Photographs;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 13 (Selection of Each Fine)

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. The type to be suspended;

A fine of one million won

1. Detention in a workhouse;

Articles 70 and 69 (2) (50,000 won per day) of the Criminal Act

1. Suspension of sentence;

Article 59 (1) of the Criminal Act (Taking into account all the circumstances, such as the agreement with the victim and the absence of the same criminal records)

Registration of Personal Information

Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes provides that a person who has been finally convicted of a sex offense subject to registration as stated in the judgment shall be a person subject to registration of personal information: Provided, That this Court suspends a sentence on the defendant, and the defendant is obligated to submit personal information to the related agency pursuant to Articles 42(1) and 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes where the suspended sentence in this case is invalidated pursuant to Article 61(1)

Disclosure Order or Exemption from Notice Order

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime, degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention and effect of sexual crimes subject to registration which may be achieved therefrom, the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued against the Defendant, on the grounds that there are special circumstances where the disclosure or notification of personal information may not be disclosed or notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Judges Esck-spons

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