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(영문) 인천지방법원 2018.04.12 2018고단625

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

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 July 24, 2017, the Defendant sent sexually-related video images to the victim D (the age 21) using his cell phone C, with a view to meeting his own sexual desire around July 24, 2017, with a view to satisfying his own sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of a elective fine (including taking into account the concern about forced departure from the Republic of Korea to restrain recidivism);

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 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the registration and submission of personal information;