beta
(영문) 수원지방법원 2016.07.21 2016고단1306

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

Punishment of the crime

On December 19, 2015, the Defendant sent F Company’s message to the victim E (the age of 32) using the Defendant’s mobile phone number within the radius of 303 of the D Public Notice located in G in Young-gu, Young-gu, Young-si, Young-si between 13:46 to 19:11 on December 19, 2015, and sent the F Company’s message to “the Defendant off offline,” “the Defendant,” “the Defendant,” “the Defendant,” in the same manner, sent out the message to the Defendant at the same time during the period from 08:50 to 21:05 on December 20, 2015.”

Accordingly, the Defendant reached the victim with a view to meeting his sexual desire by using a communication medium to cause sexual humiliation or aversion.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Application of F message statutes;

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

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

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

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

1. As to the Defendant’s assertion of mental and physical weakness under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant and the defense counsel had a mental and physical weakness by drinking at the time of each of the instant crimes.

Therefore, according to the records, even though the defendant was found to have her drinking at the time of each of the above crimes, it cannot be seen that the defendant lacks the ability to discern things or make decisions due to the fact that he/she had drinking alcohol at the time of the above crimes, so the above argument is rejected.

The reason for sentencing takes into account the contents of the statement sent by the defendant to the victim, the degree of expression, the frequency of crimes, and the intent of punishing the victim, but the defendant reflects his mistake, and the defendant commits the same crime.