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(영문) 춘천지방법원 영월지원 2015.04.24 2015고단12
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On November 28, 2014, at around 20:51, the Defendant sent a speech that may cause sexual humiliation and aversion to the victim C (the victim 50 years of age) by phoneing the phone number display restriction using a mobile phone from the Defendant’s house located in Gangseo-gun B, Gangwon-do, and allowing the victim to reach a sense of sexual humiliation and aversion.

2. At around 05:00 on November 29, 2014, the Defendant phone the victim due to the restriction on the phone number display using a mobile phone from the above Defendant’s home to view the phone number display.

Chewing once

h. Chewing defect once.

The phrase "the victim has reached the victim's words that cause sexual humiliation and aversion."

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a criminal investigation report (the attachment of a victim's telephone details photograph, a report accompanied by a recorded file CD on which criminal suspect's conversation is recorded), report on internal investigation (the confirmation of the contents of the recording and communication data meeting

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, the selection of fines (including the frequency and degree of criminal conduct, the health of defendants, the same criminal records, etc.);

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

1. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment on the punishment, etc. of a sex crime subject to registration under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to order, 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.

Whether to issue an order to disclose or notify registered personal information, the defendant's age, career, risk of recidivism, details and motive of the crime, method and seriousness of the crime, and order to disclose or notify such information.

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