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(영문) 제주지방법원 2019.03.21 2018고단1331
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

The defendant is an apartment resident, such as the victim B (the family name, the female, the age of 57).

No person shall have the other party 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 the other person's sexual desire.

At around 13:00 on May 30, 2018, the Defendant sent a video image to the victim by using a mobile phone, stating that “at the same time, the Defendant started to have come, her face, and her face will come,” and the Defendant’s act of self-defenseing the sexual organ was sent to the victim.

Accordingly, the Defendant sent to the other party images that may cause a sense of sexual humiliation or aversion through telephone with a view to inducing or satisfying sexual humiliation.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. Application of the written complaint, investigation report (including the process of recording the contents of damage), video CD, investigation report (related to the contents of the telephone with the victim), investigation report (list of video conversations with the victim stored on a suspect mobile phone), photographic Acts and subordinate statutes;

1. Relevant Articles on criminal facts and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;

1. Articles 70 (1) and 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;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 5 million won; and

2. The sentencing criteria are not set for the crimes of this case, for which the sentencing criteria are not set.

The crime of this case is that the defendant sent the face of the victim who is an apartment resident of the same apartment by video, and the nature and circumstances of the crime are not good, and the victim is sexual humiliation due to the crime of the defendant.

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