성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On January 5, 2018, at the defendant's house located in Seongdong-gu Seoul Metropolitan Government around 11:56, the defendant used the defendant's mobile phone to use the defendant's mobile phone and used the defendant's mobile phone to "the victim D (here, 25 years of age) who was a bit of bit of a bit of a bit of a bit of a bit
ㅋㅋㅋㅋㅋ' 라는 내용의 문자 메세지를 전송한 것을 비롯하여 그때부터 같은 달 14. 23:47 경까지 같은 장소에서 총 3회에 걸쳐 별지 범죄 일람표 1 기 재와 같이 같은 방법으로 피해자에게 문자 메시지를 전송하였고, 2018. 1. 6. 01:00 경 같은 장소에서 피고인의 이메일 계정 (E) 을 이용하여 피해자의 이메일 주소 (F) 로 ’ 그리고‘ 라는 제목으로 ’ 너 밤에 술집 다니지 ‘ 라는 글을 전송한 것을 비롯하여 그때부터 같은 달
7. From 16:16 to 16, the e-mail was transmitted in the same manner, such as the e-mail table 2 in the annexed sheet 17 times in total at the same place.
Accordingly, the defendant sent a letter that causes sexual humiliation or aversion to the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. The investigation report (No. 4 times a year);
1. The application of the statutes governing the contents of letters and e-mail transmitted by the person;
1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. against Crimes;
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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is against the defendant's recognition of the crime of this case, the victim and the victim agreed smoothly. The victim did not want the punishment, and the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime are revealed in the arguments of this case.