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(영문) 대구지방법원 안동지원 2021.02.03 2020고단597

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

No person shall allow another person to deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual shame or aversion by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or another person's sexual desire.

Nevertheless, at around December 30, 2019, the Defendant sent letters or videos that cause sexual humiliation or aversion to the victim three times in total, as shown in the list of crimes in the attached Form, by posting video phone from the victim C (a person) to his/her sexual organ on the cell phone and displaying his/her sexual organ, and thereby allowing the victim to reach the victim’s sexual humiliation or aversion.

Summary of Evidence

1. Statement by the police against C by the defendant at court;

1. Application of Acts and subordinate statutes, such as filing a petition, internal report (specific to the person suspected of being suspected), a photograph by cutting down images and cutting down a Kakaooo, etc.;

1. Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) and Article 13 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes concerning the Punishment of Sexual Crimes (Optional to Penalty)

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) of the Criminal Procedure Act concerning the order of provisional payment;

1. The proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 59-3(1) of the Welfare of Persons with Disabilities Act (the age, family environment, and social ties of the defendant, records of the crime, details and motive of the crime, method and consequence of the crime, risk of recidivism, risk of recidivism due to an employment restriction order, the disadvantage of the defendant's entry and the effect of preventing sexual crimes that may be achieved therefrom, etc. shall not be restricted to the employment of the defendant.