성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The defendant is serving as a private soldier in the same military unit as the victim B (a person, son) who is an occupation soldier.
On August 2016, it was discharged from active service.
On August 12, 2019, at least 20:29, the Defendant sent the victim a message with the cell phone in Suwon-gu CBC D, “I want to want to do so at the bar or photograph, I want to do so,” and then sent the victim a message, video file, photograph file, etc. more than 13 times in total, as shown in the separate crime list, from August 25, 2019, to August 14:49, the Defendant sent the victim a total of 13 times as shown in the separate crime list.
As a result, the Defendant sent to the victim letters, pictures, and images that may cause sexual humiliation or aversion through the communication media with a view to inducing or satisfying his/her sexual desire.
Summary of Evidence
1. Statement of the police concerning B by the defendant in court;
1. Application of the Messenger Act to the instant case
1. Article 13 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 2020) comprehensively with respect to the relevant criminal facts and the choice of punishment;
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 proviso to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in which no personal information shall be registered or submitted is available;
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 49(1) and the proviso to Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse that the Defendant has no record of being punished for sexual crimes, and the Defendant’s age, family environment, as well as the Defendant’s age, family environment