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(영문) 서울남부지방법원 2018.03.21 2017고단4861

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is not aware of the victim C (the name of the victim).

피고인은 2017. 3. 8. 21:50 ~22 :11 경 서울 관악구 D에 있는 주거지에서, 성적 욕망을 만족시킬 목적으로 통신매체인 E 메시지 기능을 이용하여 피해자의 휴대폰 E으로 “OO 아, 너 후다야 , 후 다구나, 나랑 했을 때 어 땠냐,

OO Aly, comments that may cause a sense of sexual humiliation or aversion, such as “I amthothing,” were sent to E using a communication medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C (tentative name);

1. Application of Acts and subordinate statutes on report on internal investigation (referring to attachment of records of damage);

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the victim made the victim feel a sense of sexual shame due to the instant crime; (b) the Defendant wants to punish the Defendant; (c) the Defendant recognized the crime; (d) there was no record of criminal punishment prior to the instant case; and (e) the Defendant’s age, sex, environment, etc., all of the conditions for sentencing as set forth in Article 51 of the Criminal Act, such as the sentence, shall be determined as the order.