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(영문) 수원지방법원 안양지원 2017.11.15 2017고단1604

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 July 23, 2017, the Defendant sent one screen image from the male sexual origin to the victim D (the age of 61) by using the Mesenger, which was one of his own telephone numbers, at his own residential premises, which was located in the Gu B and 1, around 09:35, the Defendant sent to the victim D (the age of 61).

As a result, the Defendant sent to the victim images that may cause sexual humiliation or aversion through telecommunications media with a view to inducing or satisfying his or another person's sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Application of Acts and subordinate statutes governing evidence photographs;

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

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. Although the sentencing of Article 334(1) of the Criminal Procedure Act, based on the background and content of the crime, the circumstances after the crime, etc., of the crime, the criminal sentencing of the order of provisional payment, is somewhat weak, the Defendant’s mistake is contrary to the age, and the Defendant has no other criminal record such as records of sexual crimes, etc. for a long time, and multiple sentencing conditions such as character, character, occupation, family relationship should be taken into account.