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(영문) 대전지방법원 2016.02.05 2015고단3273

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On June 20, 2015, at around 13:14, the Defendant sent a copy of a photograph, where the female of the known body was sent to the cell phone of the victim C (V, 49 years old) who became aware of hospitalized treatment in the same hospital through the Kakaoth Stockholm of smartphones used by the Defendant.

As a result, the Defendant sent to the victim images that may cause a sense of sexual humiliation or aversion through telephone, mail, computer or other communication media with intent to arouse or satisfy his or another person's sexual desire.

2. On June 20, 2015, the Defendant sent one file of video images (around 13 minutes) in which gender and gender are recorded with the same victim in the same manner as that prescribed in paragraph (1) of the above, in a fluorial area, in which the Defendant had sexual intercourse with the same victim.

As a result, the Defendant sent to the victim images that may cause a sense of sexual humiliation or aversion through telephone, mail, computer or other communication media with intent to arouse or satisfy his or another person's sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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

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

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. Where a judgment becomes final and conclusive to submit personal information to be submitted under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused is a person subject to registration of personal information prescribed in Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the head of a competent police office

An order to disclose or notify the accused's age, occupation, risk of recidivism, type and motive of the crime in this case, process of the crime in this case, seriousness of the crime, and order to disclose it.