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(영문) 대구지방법원서부지원 2020.11.18 2020고단3374

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

A defendant shall be punished by imprisonment for four months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On May 1, 2020, at around 20:27, the Defendant told the victim D (the victim, the age of 22) to walk a telephone using the transmission number limitation function in order to arouse or satisfy his sexual desire at around 20:27, the Defendant called “as soon as you see,” the Defendant called “satisfest,” “satch, grick, brick, and grick,” etc.

Accordingly, the Defendant sent words, sounds, letters, pictures, images, or things that cause a sense of sexual shame to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Report on internal investigation (Evidence Nos. 4) and each investigation report (Evidence Nos. 7, 10, 12,20);

1. The provisions of Acts and subordinate statutes, such as the list of currencies, photographs, calendar details, communications details, and stenographic records;

1. Relevant Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) and the choice of imprisonment with prison labor

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

1. The reasons for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 59-3(1) of the Act on Welfare of Disabled Persons, Etc. was sentenced by the Seoul Southern District Court to ten months of imprisonment and two years of suspended execution on September 20, 2018, and the above judgment became final and conclusive on September 28, 2018.

The Defendant did not know himself during the period of probation under the above judgment and committed the instant crime, and the nature of the crime is not good in view of the background of the crime, the contents of conversation, etc.

The victim was not able to be able to receive from the victim.

In light of these points, it is necessary to strictly punish the defendant.

However, the fact that the defendant has recognized the facts of crime, and there is no record of juvenile protective disposition or criminal punishment due to the same or similar act, etc. shall be considered as favorable to the defendant, and the age of the defendant shall be taken into consideration.