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(영문) 청주지방법원 2019.01.31 2018고단2212

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On July 7, 2018, the Defendant sent the Defendant’s message “B” to the Victim C (hereinafter “B”), “C, love, 39 years of age, and Ga,” and continuously sent the Defendant the Defendant’s message “C, I am h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h., h. h. h. h. h. h., h. h. h.

Accordingly, the Defendant sent obscene words that may cause sexual humiliation to the victim using communication media for the purpose of inducing or satisfying sexual humiliation.

2. On July 8, 2018, around 01:35, the Defendant sent the Defendant’s message “B” to the Defendant using “B” Meet as indicated in the preceding paragraph, i.e., “C, at night and at night C,” and “C, with the Defendant love C only once per hour.”

Accordingly, the Defendant sent obscene words that may cause sexual humiliation to the victim using communication media for the purpose of inducing or satisfying sexual humiliation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (investigation into suspect's mobile phone details in July and the location of the base station);

1. Details of 112 reported cases processing;

1. Other closure photographs of text messages;

1. Application of the Acts and subordinate statutes on the telephone conversations of July to the suspect;

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. 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. The ages, family environments, and social ties of the accused under the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, records of the crime, details and motives of the crime, methods of committing the crime, and the risk of recidivism, etc.;