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(영문) 서울동부지방법원 2020.03.05 2019고단3843

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

1. On August 19, 2019, the Defendant committed the crime of August 19, 2019, at around 20:10, in a public telephone room located in Songpa-gu Seoul, Songpa-gu, Seoul, the Defendant called “whether the body of the Defendant is able to be delivered to the victim C (a name, leisure, 18 years old) by using the public telephone installed in the said section.”

As a result, the Defendant reached the victim with a view to inducing or satisfying his or another person's sexual desire, which may cause a sense of sexual humiliation or aversion through telephone or other communication media.

2. The Defendant of the crime committed on October 24, 2019 referred to as “I wish to take in panty panty by making use of his/her cell phone on October 24, 2019,” and “I want to take in panty panty by making fluora in the south Franc drinking,” and “I want to do so.”

As a result, the Defendant reached the victim with a view to inducing or satisfying his or another person's sexual desire, which may cause a sense of sexual humiliation or aversion through telephone or other communication media.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement made to C (tentatively named);

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

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant was sentenced to a fine for the same kind of crime for around 2013, and in light of the circumstances and details of the instant crime, etc., the criminal liability is disadvantageous, but there is no record of criminal punishment except the above criminal records, and the defendant reflects his mistake by recognizing all of the instant crimes, and only agreed with the victim.