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(영문) 춘천지방법원 2013.12.10 2013고단917
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. Around 22:00 on July 21, 2013, the Defendant sent two copies of his sexual photograph to the cell phone (E) used by the victim D (E), using the Defendant’s cell phone (C) Kakakaoooox, at the Defendant’s house located in the second floor of Gangwon-si, Gangwon-do.

2. On July 22, 2013, the Defendant sent to the victim a word “to see, see, e.g., the Defendant,” stating, in the same manner, that “I wish to do so, to see, and to do so.”

As a result, the Defendant sent the horses or pictures that cause sexual humiliation to the victim through the communication media with a view to meeting his/her own sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the Kakao photographs and photographs of the internal organs;

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

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

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

1. The sentencing grounds under Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the Defendant has no record of criminal punishment, and the Defendant has no record of criminal punishment, and the Defendant’s character, conduct, environment, and health conditions, as indicated in the oral proceedings of the instant case, shall be determined by taking into account various circumstances,

Where this judgment becomes final and conclusive on a defendant who is obligated to register personal information and submit such information, the defendant shall be a person subject to registration of personal information pursuant to Articles 42 (1) and 2 (1) 3 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obligated to submit personal information to the chief of the competent police station within 30 days from the date

The defendant's age, occupation, risk of recidivism, type, motive, process of the crime in this case, seriousness of the crime, order of disclosure or disclosure of personal information is exempted.

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