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(영문) 서울북부지방법원 2019.05.16 2019고정387
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The sentence against the accused shall be 700,000 won.

When the defendant does not pay a fine, 100.

Reasons

Punishment of the crime

1. On June 7, 2018, around 22:11, the Defendant sent to the victim C (hereinafter “A”) the word “ad” to the victim’s Messen (hereinafter “A”) at a Messen (hereinafter “A”), at a Messen (hereinafter “ad”). On June 7, 2018, the Defendant sent to the victim a text that may cause sexual humiliation or aversion through a communication medium for the purpose of inducing or meeting his/her own or another person’s sexual desire.

2. On June 14, 2018, around 20:34, 2018, the Defendant sent the instant victim the word “abbb-a-a-mail” to the instant victim at around 20:34, Jun. 14, 2018, and sent the victim a text that may cause sexual humiliation or aversion through a communications medium for the purpose of inducing or meeting his/her or another person’s sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of Details of conversation with a suspect);

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

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, risk of recidivism and recidivism, benefits and preventive effects expected due to an order for disclosure or notification, and disadvantages and side effects, etc., the Defendant’s personal information shall be disclosed and notified or the Defendant shall not be restricted from employment, in light of Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an employment restriction order, the proviso to Article 50(1) and the proviso to Article 56(1) (the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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