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(영문) 서울서부지방법원 2015.02.13 2014고단3148

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등

Text

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

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

Reasons

Punishment of the crime

1. Around August 26, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) sent the Defendant’s sexual picture to the victim D (the age of 16) by using Defendant’s smartphone at the Defendant’s home located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul.

Accordingly, the Defendant reached the victim with the intent to arouse or satisfy the sexual desire of the Defendant or the victim.

2. On October 3, 2014, at around 12:22, the Defendant taken the body of the victims, who might cause sexual humiliation or shame in the same way, from September 2014 to September 2014, as well as taking a photograph of the Defendant’s buckbucks against their will, at the subway platform for the new-line 460-26 subway 2 of the Guro-gu Seoul Metropolitan Government Guro-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Records of seizure, list of seizure, smartphone photographs;

1. Kakakao Stockholmstropise photographs;

1. Application of the Acts and subordinate statutes to photographs showing physical parts of the victimized women;

1. Article 13 and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of fines for negligence regarding the crime;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is very serious, the punishment as ordered shall be determined in consideration of all the conditions of sentencing, including the confession of the crime, the primary offender, the Defendant’s age, character and conduct, family environment, motive and method of the crime, and circumstances after the crime.