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(영문) 대전지방법원 천안지원 2020.04.24 2019고단2844

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

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

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

Reasons

Punishment of the crime

On June 2019, the Defendant had access to the Defendant’s house, Seo-gu B apartment C, Seoan-gu, Seoan-gu, Incheon, to the Internet, searched the victim’s photograph and contact information, and then had the victim known of the victim’s D (Ga name, credit, 16 years old), and had the victim known of the victim’s photograph and contact information.

1. On June 18, 2019, the Defendant sent a phone call from the victim’s mobile phone through the limitation of the phone number using the Defendant’s mobile phone at the above location, and led the victim to reach the victim’s self-defense and sound, for about 21 seconds, with the victim’s sexual organ going through the victim’s cell phone, and for about 21 seconds.

2. On July 17, 2019, the Defendant sent the victim a telephone at the same place, and for about 17 seconds, at the same time, the Defendant sent the victim a sound, a “deposit,” which the Defendant renders self-defense, and sound.

Accordingly, the Defendant reached the other party the sound that causes a sense of sexual shame through telephone for the purpose of meeting the sexual desire twice.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of the police statement of the victim;

1. Application of Acts and subordinate statutes to investigation reports (including the attachment of telephone content recorded CDs);

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines for Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 punishment by a fine);

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification and an order for restriction on employment, and the protection of children and juveniles against sexual abuse;