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Reasons
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(영문) 인천지방법원 부천지원 2016.11.23 2016고단2764
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On May 2, 2016, around 10:43, the Defendant sent one copy of the Defendant’s sexual photographic photo that causes sexual aversion to the victim D (the age of 19) through the Messenger’s cell phone and sent it to the victim at the Defendant’s house located in Bupyeong-si B apartment 1411 and 602.

2. On May 13, 2016, around 04:34, the Defendant sent one copy of the Defendant’s sexual photograph that causes sexual aversion to the victim E (the victim, 22) through the Messenger’s cell phone and sent it to the victim at the Defendant’s house located in Bupyeong-si B apartment 1411 and 602.

As a result, the Defendant reached the other party two times the images that may cause a sense of sexual humiliation or aversion through the communication media with a view to inducing or satisfying the sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to E and D;

1. Application of each video statute of C of the contents of conversations, photographic materials (No. 9 of the evidence list), evidence photographs (No. 20 of the evidence list);

1. Article 13 of the Act on the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant did not reach an agreement with the victims is disadvantageous circumstances.

However, considering the fact that there is no criminal record against the defendant, that the defendant led to the crime of this case and shows the misunderstanding of his own mistake, and the circumstances of Article 51 of the Criminal Act, the punishment as ordered shall be determined.

Judgment which is a sex offense subject to the registration of personal information.

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