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(영문) 부산지방법원 2020.08.10 2020고단1838
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

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

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 07:10 on February 8, 2020, the Defendant sent the victim B (hereinafter “victim B”), using the Defendant’s mobile phone device, from the time to the time of transmitting a female’s bareboat photo to the victim B (hereinafter “the age of 36”) with the Defendant’s mobile phone device, and then transmitted the victim’s images, etc. more than twice in total, as indicated in the attached crime

As a result, the Defendant reached the victim the images, etc. that may cause sexual humiliation or aversion through the communication media with a view to inducing or satisfying the sexual desire.

Summary of Evidence

1. Statement by the defendant in this court;

1. B Application of the Act and subordinate statutes to the investigation report of the statement in the police statement protocol concerning B (obscenity photographs and video attachment);

1. Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) and the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which shall be applicable to the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. An order to attend a lecture is issued in full view of the Defendant’s age exempted from the order to attend a lecture, the type of crime, the course of crime, the criminal records, etc., under Articles 334(1)3, 32(1)3, and 25(3)1 and 3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (the applicant for compensation); however, although the scope of Defendant’s liability for compensation is unclear and the address of the applicant for compensation is unclear, it is not reasonable to issue a compensation order.).

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