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(영문) 대구지방법원 포항지원 2015.09.17 2015고단410

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 November 2014, the Defendant introduced 19 years of age as C (or, 19 years of age) who was on the scambling’s own, and sent a message with the victim D (or 18 years of age) and mobile phone Mescamscams.

From January 24, 2015, from around 22:38 to 14:05 on the following day, the Defendant sent the victim and Mealotho in the Defendant’s residence located in the north-gu E 118 Dong 906 of the Mapo-gu, Mapo-dong on the following day, and, as if the third person sexual assaulted C, sent the victim’s message as if he sent the message, “pather is more bad than C deemed,” “pather,” and “pather,” “C sent a message, such as “PPP,” and sent a female negative photograph to the victim’s mobile phone, etc. for the purpose of inducing or meeting his own sexual desire through a mobile phone, which is a communication medium, to arouse or satisfy his sexual humiliation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement made to D (victim) by the police;

1. Application of Acts and subordinate statutes on internal investigation reports (the contents of plastic dialogue and attachment of transmission photographs);

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

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

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

1. An unfavorable circumstance for sentencing under Article 334(1) of the Criminal Procedure Act: A favorable circumstance in which the defendant agrees with the victim or fails to repay damage: The defendant has no particular history of punishment, except for a case where the defendant has been suspended one time due to another type of crime, and is against the registration of personal information and the fact of crime on which a sex crime subject to registration is to be submitted, in cases where a conviction becomes final and conclusive, the defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment,