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(영문) 광주지방법원 2017.05.26 2016고단5376
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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1. Defendant shall be punished by a fine of KRW 1,500,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

At around 10:45 on September 25, 2016, the Defendant became aware of the Defendant’s office located in Young-gun B, Young-gun’s around 10:45, through the Internet SNS website, and the Defendant came to know of the Defendant’s phone number of the Victim C (the name, the name, the age of 42). Using Defendant’s smartphone hosting displays, the Defendant used the Defendant’s smartphone screen to “whether he is needed for two marographs”, and she is often required to do so.

The Defendant’s sexual picture was transmitted along with the message that the No. 1 “S. S. S. S. L. L. L. L. L. L. L. L. L. L. L.S.C.

Accordingly, the defendant, with a view to meeting his own sexual desire, sent to the victim the words, pictures, which cause sexual humiliation by communicating smartphones with a view to meeting them.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C (tentative name);

1. Application of the Acts and subordinate statutes governing photographs of the contents sent to the victim by the victim in D;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The punishment as ordered shall be determined by taking into account the following circumstances: (a) the grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order; and (b) the circumstances constituting the conditions for sentencing indicated in the records, such as the Defendant’s age, sex, environment, family relationship, motive and consequence of the crime;

Defendant is led to confession, and is against himself.

Defendant has no record of criminal punishment for the same crime.

On the other hand, the victim is trying to punish the defendant.

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