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(영문) 인천지방법원 2019.07.25 2019고단3100

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around March 13:23, 2019, the Defendant sent three copies of pictures taken by using a mobile phone to the victim D (the age of 38) who was an insurance solicitor who had previously consulted with the Defendant and had previously been engaged in insurance counseling, at the house of the Defendant located in the building B in the Jeonju-gun, Jeonju-gun.

As a result, the Defendant sent to the other party images that may cause sexual humiliation or aversion by using communication media with a view to inducing or satisfying his or another person's 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 governing sexual photographys and transmissionE letters;

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

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

1. The proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., the age, family environment, and social ties of the accused, records of the crime, details and motive of the crime, the method and consequence of the crime, the risk of recidivism, etc.) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from the employment restriction order, is deemed to have special circumstances that should not be restricted on employment in light of the circumstances and contents of the crime

The victim is trying to punish.

However, considering the favorable circumstances in which the defendant is the initial offender, the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the various sentencing factors specified in the arguments in this case, such as the circumstances after the crime, shall be determined as ordered.