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(영문) 부산지방법원 동부지원 2016.02.17 2015고단2548

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

The Defendant is a company member working in the manufacturing company of the trade name “B,” and the victim C (the victim 26 years of age) with the victim C, at least two months prior to the six-year period.

On November 30, 2015, around 23:17, the Defendant sent a text message to the victim’s mobile phone using the Defendant’s mobile phone, stating “I will continue to be able to take care of his or her wife’s wife,” and sent the text message to the victim’s mobile phone using the Defendant’s mobile phone and in the same manner, the Defendant sent it to the victim’s mobile phone that may cause sexual humiliation over a total of three times as indicated in the attached crime sight table.

Accordingly, the Defendant sent a text that causes sexual humiliation to the victim through communication media for the purpose of fulfilling sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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

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

1. Strict punishment against the accused is required in light of the grounds for sentencing under the main sentence of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order, etc. of Sexual Crimes.

However, the punishment as ordered shall be determined by taking into consideration the following factors: the defendant's mistake is divided, the defendant does not have the same criminal record, the defendant has agreed with the victim, the age, sex and environment of the defendant, the motive, means and consequence of the crime, and the circumstances after the crime, etc. specified in the arguments of this case.

Where a conviction becomes final and conclusive on the criminal facts of this case against a defendant who shall submit personal information, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.