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(영문) 수원지방법원 안산지원 2016.12.26 2016고단4228

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

The defendant became aware of the victims through B, and the victim's photograph was not written only once, and the defendant unilaterally attempted to communicate the victims by entering the victims' mind.

No person shall reach the other party any pictures, images, etc. that may cause a sense of sexual humiliation or aversion through communications media, etc. with intent to arouse or satisfy his/her own or the other party's sexual desire.

1. On July 20, 2016, around 05:52, the Defendant stated two copies of the Defendant’s sexual photographic photo in his/her own B account by entering the Defendant’s sexual photo into his/her own B account, and “D pleasantly following the Defendant’s sexual photograph” in his/her comments, and around 21:03 of the same month, the Defendant sent two copies of the Defendant’s sexual photographic photo to his/her B account, thereby reaching the victim.

2. On August 5, 2016, at around 14:00, the Defendant sent two copies of the Defendant’s sexual photography to B, thereby reaching the victim E (n, 25 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of the Acts and subordinate statutes on sexual photographs taken by the suspect, the text between the suspect and the victim, and the sexual pictures taken by the suspect;

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

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (including the confession and reflectability of the defendant, the fact that the defendant is a primary offender, etc., although not recovered from damage even if he/she had been led to his/her occupation);

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

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 47 and Article 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure and Notification of Personal Information and the Act on the Protection of Children and Juveniles against Sexual Abuse.