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(영문) 대구지방법원 안동지원 2018.11.09 2018고단472

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a victim B (n, 53 years of age) and a person who became aware of in the course of performing his duties.

On December 30, 2017, the Defendant sent video images, which had been sent to the victim’s C message (D) through “C, which is a communication medium,” which caused sexual humiliation through a “C,” which is a communication medium, at the end of 19:00 on December, 3017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to the submission of photographs to a closure of the C dialogue);

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the victim complained for considerable mental impulses due to the video transmitted by the defendant and wanted to punish the defendant.

However, it seems that the defendant has recognized and reflected his mistake, and that he also endeavored to seek a letter to the victim.

The defendant has no criminal record of the same kind and has no record of being sentenced to a suspended sentence or heavier punishment.

In addition, the defendant's age, sex, environment, health conditions, economic circumstances, motive and background of the crime, the contents of the video transmitted, and the circumstances after the crime are considered, and the punishment as ordered is determined.

In full view of the Defendant’s age, character and conduct, environment, risk of recidivism, risk of disclosure of personal information, disadvantages and side effects resulting therefrom, etc., the personal information is disclosed in accordance with Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.