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(영문) 서울북부지방법원 2016.05.12 2016고단444

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

On January 3, 2016, at around 19:59, the Defendant sent to the Defendant’s residence located in Dobong-gu Seoul Metropolitan Government, a male-made body photograph, a female’s known body photograph inserted in a sexually flausee, a female’s photograph inserted in a sexually flausee, a female’s photograph flausee, and a female’s photograph flausee, etc., which was flauseed by the Defendant through S6 Kakao Kakao Kao Kao Kao Ma, a female’s photograph inserted in a fla

Accordingly, the Defendant sent to the victim the images that may cause sexual humiliation or aversion through the communication media with a view to meeting his own sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to photographs taken by hand of the accused;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

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. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

The reason for sentencing is determined by comprehensively taking account of the conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

- Unfavorable circumstances: The victim’s fear of sexual humiliation and uneasiness is considerable; the favorable circumstances are that the defendant repents his own crime and reflects it.