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(영문) 광주지방법원 2015.09.02 2015고단2735
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall allow another person to deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual shame or aversion by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or another person's sexual desire.

Nevertheless, the Defendant, from February 14, 2015 to March 17, 2015, posted a video call at several times with a cell phone of the victim B (n, 17 years of age) using a cell phone with which the restriction on the display of the phone number was imposed, and among them, displayed the form of the Defendant’s self-defense on seven occasions, including around 18:23, March 11, 2015, and around 18:25, March 17, 2015, on which the victim received the phone.

Accordingly, the defendant sent the victim the images that cause sexual humiliation with a view to meeting the sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to B;

1. Application of Acts and subordinate statutes to a self-definitely finites, screen pictures and outputs;

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

1. Optional fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Where a conviction on a sex offense subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order becomes final and conclusive, 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 the accused is obligated to submit personal information

The age of the defendant exempted from the disclosure order or notification order, records of the crime, contents and motive of the crime, methods and results of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, and the registration that may be achieved accordingly.

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