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(영문) 제주지방법원 2020.05.13 2019고단2547
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

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

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

Reasons

Punishment of the crime

No person shall have the other party deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation or aversion by telephone, mail, computer or other means of communication, with intent to arouse or satisfy his/her own or another person's sexual desire.

1. Around October 201:26, 2019, the Defendant sent two copies of his/her b body pictures, which may cause sexual humiliation or aversion to the victim, to the victim, with a view to meeting his/her own sexual desire at the Defendant’s residence of the building C at Jeju, and inducing the victim’s sexual desire at the victim B (the age of 36). Around that time, the Defendant sent two copies of his/her b body pictures to the victim, which caused sexual humiliation or aversion, to the victim.

2. On October 20, 2019, around 19:19, the Defendant sent two copies of his sexual instrument pictures, which caused sexual humiliation or aversion to the victim E (the age of 32) at the place indicated in the above paragraph (1), to the victim’s text messages for the purpose of meeting his sexual desire and inducing the victim E (the age of 32)’s sexual desire, and then sent them to the victim for text messages at that time.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Kakao Stockholm Acts and subordinate statutes to the accusation, stenographic records, sexual photography, Kakao Stockholm messages

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Selection of fines;

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 age, occupation, family environment, social relationship, criminal record, and recidivism of the accused under Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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