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(영문) 대전지방법원 2016.02.03 2015고단4232

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

1. On April 1, 2015, the Defendant sent dynamics to the Defendant’s dwelling in Daejeon-gu, Daejeon-gu, Daejeon-gu, 102 Dong 905, by exposing the Defendant’s sexual organ from the cell phone of the victim D (V, 26 years old) who became aware of SNS, and by exposing the Defendant’s sexual organ from the cell phone of the victim D (V, 26 years old).

Accordingly, the Defendant reached a video that may cause a sense of sexual humiliation or aversion by telephone, etc. with a view to inducing or satisfying his or another person's sexual desire.

2. On May 7, 2015, the Defendant, at around 20:47, was exposed to the Defendant’s body and her butane while making a video call with the same victim.

Accordingly, the Defendant reached a video that may cause a sense of sexual humiliation or aversion by telephone, etc. with a view to inducing or satisfying his or another person's sexual desire.

3. On November 16, 2015, at around 15:23, the Defendant sent six copies of a photograph of the Defendant who exposed the Defendant’s sexual organ to the same victim’s cell phone with the same victim’s cell phone.

Accordingly, the Defendant reached a video that may cause a sense of sexual humiliation or aversion by telephone, etc. with a view to inducing or satisfying his or another person's sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Relevant Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes for the Crime and the Selection of Punishment, etc. (Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes) (Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes provides that the victim and damaged legal interests are identical

It is reasonable to view that it is reasonable to view)

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. Article 334(1)1 of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”).