성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Defendant shall be punished by a fine of KRW 2,000,000.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Punishment of the crime
피고인은 2018. 11. 15. 15:00경 소개팅 어플을 통해 알게 된 피해자 B(여, 24세)와 휴대전화 C 메신저로 대화를 나누던 중 피해자가 답장을 늦게 보내자 “ㅇㅁ ㅂ@ㅈ에서 ㅂ징어 냄새 개나서 니한테도 나는 것 같다”라는 메시지를 보냈다.
As a result, the Defendant sent to the victim a letter that causes sexual humiliation or aversion through telecommunications media.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Statement made by the police in relation to D;
1. Application of the CF photograph Acts and subordinate statutes;
1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that sending out a message that causes sexual humiliation and aversion to the victim, which the defendant came to know through the introduction and hosting display of the defendant, is not good, and the victim does not receive a letter from the victim.
However, the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive and result of the crime, agreement intent and circumstances after the crime, shall be determined as ordered in consideration of the fact that the defendant has no record of being punished for the same kind of crime, that the defendant is in profoundly against the defendant.
Where a conviction becomes final and conclusive on the criminal facts in the judgment that constitute a sex offense subject to registration, the accused is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act, but on the other hand, the accused is punished pursuant to the proviso to Article 42 (1) of