성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Defendant shall be punished by a fine of three million won.
When the defendant does not pay the above fine, 10,000 won shall be one day.
Punishment of the crime
1. On October 6, 2016, the Defendant committed a crime on October 22:26, 2016, at the rest room adjacent to the workroom of the C company located in Seongbuk-gu Sungwon-si B, Sungwon-si, the Defendant’s mobile phone (number D) to the victim E (V, 39 years of age) by means of the limitation on the phone number display to the Defendant’s cell phone (number D), leaving the phone via a video call, and taking the victim’s sexual organ out to the victim.
The letter shows the self-defluence.
Accordingly, the Defendant sent to the victim images that may cause sexual humiliation or aversion through telephone with a view to meeting his own sexual desire.
2. The Defendant, who committed the crime of October 13, 2016, displayed the form of telephoneing to the said victim E using a video call in the same manner as in the place described in paragraph (1) around October 13, 2016, and cutting off the victim’s sexual organ to the victim.
Accordingly, the Defendant sent to the victim images that may cause sexual humiliation or aversion through telephone with a view to meeting his own sexual desire.
Summary of Evidence
Application of the Police Statement Act to Defendant’s legal statement E
1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;
2. Selection of a selective fine for punishment (the defendant is an initial offender, and considering his/her reflectiveness, etc.);
3. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;
4. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.
5. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.