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(영문) 청주지방법원 2020.05.07 2019고단1822
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (the family name) are not known to each other.

1. On April 19, 2019, the Defendant sent pictures with the sex of male and female to the victim using the Kakakao Stockholm message, a social network service, at the Defendant’s residence located in the Cheongju-si Office C, on April 19, 2019.

2. On April 21, 2019, around 09:25, the Defendant sent the victim a photograph, such as the description in paragraph 1, to the victim at a ward located in the petition-gu, Cheongju-si in the same manner as the description in paragraph 1.

As a result, the Defendant reached the victim with a view to inducing or satisfactioning his sexual desire twice through the communication media, which causes sexual humiliation or aversion.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Seizure records;

1. Application of the Acts and subordinate statutes concerning photographs, etc. transmitted to the victim and photographs of the victim mobile phone pictures;

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 imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to Attend Courses;

1. Article 48 (1) of the Criminal Act of confiscation;

1. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49 (1) 2 and 50 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where the registration of personal information and the conviction of the accused against whom an employment restriction order is issued is finalized pursuant to Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, the accused is a person subject to registration of personal information pursuant to

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