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(영문) 의정부지방법원 2019.08.29 2019고단2061

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

On January 26, 2019, at one’s house located in Yang-si B lending C, the Defendant sent his sexual picture to the victim by sending text messages that “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Each report on investigation;

1. Application of the CD-related Acts and subordinate statutes to digital evidence analysis data;

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

1. In full view of the following circumstances acknowledged in the public disclosure order, notification order, and exemption of employment restriction order, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018), and the proviso to Article 59-3(1) of the Welfare of Disabled Persons Act, namely, the following circumstances acknowledged by the Defendant: (i) the Defendant recognizes and reflects the instant crime; (ii) the Defendant has no criminal record; (iii) the completion of the registration of personal information and the sexual violence treatment program shows that the Defendant could have an effect to prevent recidivism to a certain extent; and (iv) other circumstances such as the Defendant’s age, occupation, family environment, social relationship, risk of repeating a crime, the disclosure order, profits expected by the disclosure order, and employment restriction order;