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(영문) 대구지방법원 2019.08.14 2019고단1844
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment for four 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

On November 9, 2018, at least 09:04, the Defendant sent to the victim C a number of copies of pictures exposed to the male sexual organ using “B” message using one’s cell phone at a place below India (hereinafter referred to as “B”). On November 12, 2018, at around 03:02, the Defendant sent the victim a message “I would like to engage in dial-a-a-mail” along with a video image showing that the male sexual organ is sexually exposed to the victim in the same manner at a place not exceeding India, and at around 17:58 on November 12, 2018, sent the victim’s message “I would see that I would see that I would be male and female.”

Accordingly, the Defendant sent words and videos that may cause sexual humiliation or aversion to the victim through the communications media called “B” for the purpose of inducing or meeting his/her own or another person’s sexual desire three times in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning C (tentative name);

1. Application of obscenity photographs and obscene messages 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. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attend shall be sentenced to the same punishment as the order of the defendant, taking into account the following factors: (a) the defendant has reached the victim three times any obscene writing and image; (b) the criminal liability is not provided against the victim; and (c) the defendant has not received a letter from the victim until now; and (d) the defendant has led to the confession of the crime; (b) there has been no history of criminal punishment; and (c) the defendant is receiving a diagnosis of the two-class disability as

registration of personal information and.

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