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(영문) 춘천지방법원속초지원 2020.12.23 2020고단14

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

Defendant shall be punished by a fine of KRW 700,000.

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.

그럼에도 피고인은 2019. 6. 24. 08:00경 속초시 B빌라 C호 주거지에서 컴퓨터를 이용하여 ‘D’ 게임을 하던 중, 게임 내 채팅창을 이용하여 같은 게임을 하던 피해자 E(여, 24세), F(20세)에게 “텔에서 투컴으로 하는 중이야 ㅋ”, “텔에서 뜩치고 투컴중~”, “느그 남친 줘 ㅂ �리는데 어카냐 ”라는 메시지를 도달하게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of the Acts and subordinate statutes to photographs and investigation reports after the closure accompanied by the said petition;

1. Selection of an alternative fine under Articles 40 and 50 of the Criminal Act, which are prescribed in Article 13 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202) concerning criminal facts

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. In light of the fact that the Defendant exempted from the employment restriction order under Article 334(1) of the Criminal Procedure Act, and the Defendant did not have any criminal records, etc., the Defendant appears to be able to have the effect of preventing recidivism by issuing an order to complete a sexual assault treatment program, and the employment should not be restricted in full view of all other circumstances, and the employment restriction order is not imposed against the Defendant pursuant to the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 59-3(1) of the Welfare of Disabled Persons Act.

The reasons for sentencing are as follows.