logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2013.11.29 2013고단2576
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant reached C (the age of 55) the victim (the age of 55) by telephone with a view to meeting his own sexual desire four times as follows.

1. On August 20, 2013, around 19:33, the Defendant sent the victim’s cell phone image images inserted his male sexual organ into female sexual organ in the victim’s cell phone machine using the Defendant’s cell phone device.

2. On August 24, 2013, at around 02:02, the Defendant sent the victim’s cell phone image inserted his/her male sexual organ into female sexual organ in the victim’s cell phone according to the foregoing method.

3. On August 26, 2013, at around 18:42, the Defendant transmitted the victim’s cell phone image inserted his/her male sex in his/her female sexual organ in the victim’s cell phone in the same manner as paragraph (1).

4. At around 18:44 of the same day, the Defendant transmitted the victim’s cell phone image inserted his male sexual organ into female sexual organ in the victim’s cell phone in the same manner as that of paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the photographic Acts and subordinate statutes;

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

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

1. A fine not exceeding one million won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day) of the Criminal Act;

1. Article 59(1) of the Criminal Act provides that Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment (including the agreement with the victim and the absence of the same criminal record) provides that a person who has become final and conclusive due to a sex offense subject to registration is a person subject to registration of personal information.

However, this court has suspended the sentence against the defendant, while the defendant is in accordance with Article 61 of the Criminal Act.

arrow