logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2018.11.07 2018고단2350
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 shame or aversion by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or the other person's sexual desire.

Nevertheless, on April 3, 2018, the defendant sent a video phone from the defendant's home toilet located in Kimpo-si, Kimpo-si, 105 Dong 1204 on April 3, 2018 to the victim D (W, 19 years old) for one's own self-defense.

The victim reached the victim's image that causes sexual humiliation and aversion.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on damage to E;

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

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

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

1. The main sentence of Article 56 (1) and Article 56 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant, at the Incheon District Public Prosecutor’s Office’s Branch on April 15, 2016, issued a ruling to transfer the case to the Juvenile Department as a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media); and (b) the same public prosecutor’s office on November 22, 2017, issued a disposition of suspension of indictment as a crime of violating the same Act

Nevertheless, there is a possibility that the crime of this case was committed equally without being taken place, and it is possible to repeat the crime.

The decision is judged.

In order to commit a crime, another person's photograph was used without permission, and in addition to those prosecuted, it seems that other women committed the same crime.

The victim has caused a great sense of sexual humiliation, insult, and aversion, and the victim has been punished for the defendant.

The attitude of the defendant to recognize and reflect the wrong is shown.

otherwise, the age of the defendant;

arrow