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(영문) 대구지방법원 안동지원 2021.03.24 2020고단651
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

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.

On February 5, 2020, the Defendant sent video images between the victim C (the age of 26) using mobile phone camera apps with a purpose of meeting his sexual desire at around 12:00 permanent residence B, and Handphone sales stores with a view to meeting his own sexual desire. On February 5, 2020, the Defendant sent video images between 7:6 seconds where the foreign male and female are similar.

As a result, the Defendant sent to the victim images that may cause sexual humiliation or aversion through computers and other communication media with a view to inducing or satisfying his own sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes No. 18 of photographs, investigation reports (fixtures similar to obscenity images) and photographs (Evidence List No. 18) by capturing a Kakao Stockholm;

1. Relevant legal provisions on criminal facts and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), the selection of fines (including the fact that the defendant recognized the crime of this case, the fact that the defendant is against the recognition of the crime of this case, and the fact that the defendant has no record of being punished for the same kind of 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. According to the proviso of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, where a person is sentenced to a fine for a crime under Article 13 of the Act on the Punishment, etc. of Sexual Crimes, he/she is excluded from a person subject to registration of personal information, and the defendant does not

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