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(영문) 인천지방법원 2020.01.10 2019고정2320

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

1. No person who committed the crime on February 23, 2019 shall have the other party reach the other party any words, sounds, letters, pictures, images, or objects that may cause a sense of sexual shame or aversion by telephone, mail, computer, or other communications media, with intent to arouse or satisfy his/her or the other party's sexual desire;

Nevertheless, at around 21:00 on February 23, 2019, the Defendant sent words and photographs that cause sexual humiliation and aversion to the victim’s cell phone (C) by transmitting his/her sexual photograph to his/her cell phone (C) with an intent to satisfy his/her sexual desire at his/her cell phone, etc.

2. The defendant who committed the crime on April 26, 2019 is under the same prejudice.

4. At around 18:35, at the same time, letters and photographs that may cause sexual humiliations and aversions by transmitting his or her sexual image pictures and dynamic images to the cell phones of the victim, etc. in the same manner.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Photographs;

1. Application of the Acts and subordinate statutes to the complaint;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, shows an attitude against the Defendant, recognizing the instant crime.

The defendant is an elementary offender who has no record of criminal punishment until now.

On the other hand, the photograph transmitted by the Defendant itself gives a sense of sexual humiliation, and the responsibility for the crime of this case is not easy.

Until now.