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(영문) 창원지방법원 2020.05.01 2020고단124

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 17, 2019, from around 22:11 to 22:15 on the same day, the Defendant sent a photographic file of his male sexual organ to a cell phone of the victim on two occasions using a cell phone in which the Defendant is using the cell phone in use.

As a result, the Defendant sent to the victim a photograph file that may cause sexual humiliation or aversion with a telecommunication medium for the purpose of inducing or meeting his or another person's sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. C’s petition;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles on criminal facts and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The proviso to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes which shall not be registered and submitted with personal information (limited to a fine imposed on a defendant);

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order, notification order, and employment restriction order; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the proviso to Article 56(1) of the Act on the Protection of Persons with Disabilities; the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (in light of the Defendant’s home environment, social relationship, etc., it appears that the Defendant’s participation in the sexual assault treatment lecture alone appears to have the effect of preventing recidivism; and other special circumstances where disclosure or notification of the Defendant’s personal information or restriction on employment, such as children and juveniles-related institutions, should not be limited, are considered as having