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(영문) 부산지방법원 서부지원 2018.01.15 2017고단1593
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of three million won.

Where the defendant fails to pay the above fine, 30 days shall be applied.

Reasons

Criminal facts

On May 3, 2017, at around 04:17, the Defendant sent 7 video images that contain both gender and gender on the cell phone of the victim D (V, 62 years old) to his/her cell phone for the purpose of meeting sexual desire at his/her own house 412/104 of the Busan Northern apartment C apartment of 412/104, and led the victim to feel sexual humiliation and aversion by continuously transmitting 7 video images to his/her cell phone of the victim D (V, 62 years old).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on mobile phone pictures;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act provides for the following: (a) the contents of images sent by the Defendant to the victim for the reason of sentencing; (b) the relationship between the Defendant and the victim; and (c) the circumstances after the instant crime, etc.; and (d) the reasons for all sentencing indicated in the arguments and records

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