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(영문) 대전지방법원 천안지원 2017.11.17 2017고단1872

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

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

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

Reasons

Punishment of the crime

On June 15, 2017, at the defendant's house located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, 2017, at around 20:00, for the purpose of meeting his own sexual desire, the defendant's "bag", "abag", "abag", and "abag" to the victim F (hereinafter referred to as "abag, f, f, 20 years old) through E-mail of the mobile phone (D).

“Fresh,” “dial-Ma,” “Lresh?” and “Lresh?h.h.

”, “ 시 벌 년 ㅋ”, “ 색 시 넘치 내”, “ 너의 섹 파 장난이고”, “ 야 근데 할래

The sending of the word "one thousands, etc."

The phrase that causes sexual humiliation was sent to the victim.

Accordingly, the defendant reached the victim with a view to meeting his own sexual desire, which causes a sense of sexual humiliation through communication media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A photograph of the E-mail course after the course of the conversation;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Considerations, such as the first offender for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the fact that the person appears to have received treatment for mental illness, and the fact that the person reflects the fact that the person is going against, etc.