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(영문) 의정부지방법원 2020.01.16 2019고단4710

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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.

Nevertheless, on August 12, 2019, the Defendant sent to the victim C (the age of 59) images using a mobile phone located in the Defendant’s residence located in B apartment at Yang-si, 09:49 on August 12, 2019, using a mobile phone located in the Defendant’s residence, and from that time, sent to August 20, 2019, images, pictures, and letters that cause sexual humiliation using a communication medium, such as a mobile phone, from August 20, 2019 to August 17, 208.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes on obscenity video CDs sent by the suspect to Kakaoox screen and obscenity video CDs sent by the suspect;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [aggravating concurrent crimes with punishment prescribed for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) listed in the sequence 8 attached hereto with the largest penalty] among concurrent crimes;

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 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order of disclosure, an order of notification, and an order of restriction on employment, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56(1), Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and the following records are acknowledged.