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(영문) 전주지방법원 2018.08.10 2017고단2464
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment for one month.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On October 5, 2017, the Defendant: (a) assaulted the male-friendly equipment of the victim C (V, 20 years of age) at a scambling scam on a new wall; and (b) embling the victim’s studio and job; and (c) told the victim “Scambio and job.”

On the same day, the Defendant had the victim asked the ward room hospitalized by male-friendly Gu in D message, and had the victim feel to transmit obscene pictures to the victim.

On October 5, 2017, the Defendant sent to the victim C (V, 20 years of age) a half-yearly photo of a female in fact to D message at the front-time 15:32 on October 5, 2017.

Accordingly, the Defendant reached the victim with a view to inducing or satisfying his sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Video recording and video CDs;

1. Application of Acts and subordinate statutes to a report on internal investigation (Attachment to a closure photograph of the contents of a victim mobile phone conversation);

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the selection of punishment by imprisonment;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. No order to notify registered information shall be issued pursuant to the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, taking into account all the circumstances, such as the details of a crime of exemption from notification of registered information, relationship with the victim, necessity of notification of registered information, etc., under Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Crimes, Article 49(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 56(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

All circumstances such as the reason for sentencing and the defendant's escape without voluntarily attending the trial were considered.

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