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(영문) 광주지방법원 목포지원 2018.06.15 2018고단254
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.

1. On September 12, 2017, the Defendant sent two video images recorded on the surface in which the victim B (a person) and 17 persons who have a total of 15:30 persons are divided into dialogues to the C group hosting room and participated. As such, the Defendant sent two video images recorded on the surface of which gender relations are recorded to the hosting room.

2. On February 7, 2018, from around 18:50 to 19:50, the Defendant sent three video images on which the face of the sexual intercourse between men and women is recorded via C message to the victim from the insular point of view.

Accordingly, the Defendant reached the victim with a total of five video images that may cause sexual humiliation and aversion through communication media to meet his own sexual satisfaction.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Evidential photographs;

1. Application of the Acts and subordinate statutes to the complaint;

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

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

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 against which a completion order is issued;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order intends to punish the defendant. However, the defendant was committed in the course of committing the crime, and the defendant was divided, and the defendant was the first offender without any previous conviction, the age, sex, environment, etc. of the defendant, and the conditions of sentencing as shown in the argument of the instant case are considered, and the punishment is determined as ordered.

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