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(영문) 전주지방법원군산지원 2020.11.09 2020고정296

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No person shall allow another person to deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual shame or aversion by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or another person's sexual desire.

At around 22:12 on May 21, 2020, the Defendant sent his sexual image to his cell phone with his own cell phone for the purpose of meeting his own sexual desire, and displayed his own sexual image by putting his own sexual image on his cell phone with his own cell phone name, and around 22:36 on May 26, 2020, the Defendant displayed his own sexual image by putting his own magnetic image on his own his own his own his own his own his own his own his own his own his own his own his own personal phonegram.

Accordingly, the Defendant reached two times a video that causes sexual humiliation and aversion to the victim through communication media.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to investigation reports (referring to cases of attaching evidentiary materials);

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

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Article 334(1) of the Criminal Procedure Act (i.e., disclosure order and exemption from the Defendant’s age, occupation, risk of recidivism, risk of recidivism, type and motive of the instant crime, process, consequence and seriousness of the instant crime, disclosure order, etc., the degree and anticipated side effects of the Defendant’s disadvantage due to such reasons as disclosure order, effectiveness of preventing sexual crimes subject to registration to be achieved, protection of the victim, and effectiveness of the victim.