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(영문) 춘천지방법원 2016.04.22 2016고정89

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

On October 7, 2014, at around 02:19, the Defendant sent images that may cause sexual humiliation and aversion to the victim by walking a video phone from the victim C (n, 25 years old) to the cell phone for the purpose of meeting his own sexual desire, thereby showing the so-called “durance” in the crisis of female self-defense.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. It is recognized that the reasons for sentencing of Article 334(1) of the Criminal Procedure Act include: (a) the fact that the defendant is deemed to repent and reflect his mistake; and (b) the fact that the defendant does not have any history of crime subject to punishment for the same kind of crime.

However, on the other hand, in light of the background, means and methods of the instant crime, and the contents thereof, etc., the nature and circumstances of the instant crime are considerably not good; the shock and suffering of the victim is likely not to be small; the victim does not recover from damage; however, the victim does not recover from damage; the equitable punishment with other persons who committed the same kind of crime; the Defendant’s age, sex, sex, environment, motive and circumstance of the instant crime; and all other circumstances constituting the conditions for sentencing as specified in the instant argument, such as the circumstances after the instant crime, etc., shall be considered as excessive, and thus, the penalty prescribed in the summary order shall be determined as per the text.

On March 31, 2016, Article 42 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes(Article 13 of the Act), "A person who is finally convicted of a crime under Article 13 of the Act shall be subject to registration of personal information.