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(영문) 수원지방법원 2016.05.19 2016고단750
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 6, 2015, the Defendant sent a link (D) directly connected to the obscene website of “C” and sent an obscene video of 15 minutes, including the face value of sexual intercourse, to the victim B (here, 39 years of age) who was the former workplace, using the Kakao Kakao Stockholm, so as to keep the victim B (here, e.g., the victim) who was the former workplace, from the Kakao Kakao Kao Kao Kao Kao Kao.

As a result, the Defendant sent to the other party images that may cause sexual humiliation or aversion using mobile phones with the intent to arouse or satisfy his or another person's sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A criminal investigation report (a Kakao Stockholm message, link, obscenity image sent to the victim by the victim);

1. Application of the Acts and subordinate statutes governing obscene video CDs sent by the person under consideration;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Although the nature of a crime is not good in light of the contents of the images sent by the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act and the degree of expression, etc., the punishment as ordered shall be determined by taking into account the following circumstances: (a) the Defendant was committed by committing a crime and reflects his mistake in depth; (b) the Defendant did not have any record of the crime, other than twice the fine of this kind; and (c) other factors such as the Defendant’s age, sex behavior, environment, circumstances leading to the instant crime; and (d) the circumstances after committing the crime, etc.

Article 42 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes of March 31, 2016 is applicable to the Constitutional Court to order the registration, disclosure or notification of personal information.

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