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(영문) 서울서부지방법원 2017.08.16 2016고단3697
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On July 21, 2016, 05:01, the Defendant sent to the victim C (hereinafter referred to as “D”) the word “D”, “Ick rice spawn spawn spawn spawn spawn spawn spawn spawn spawn spawn spawn spawn,” and made the Defendant have reached a sense of sexual humiliation or aversion through a communication medium for the purpose of meeting his own sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to C (tentative name);

1. Application of the Acts and subordinate statutes to the investigation report;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of a selective fine (to be imposed in consideration of the circumstances, such as the fact that he/she is detained for 15 days a month and reflects his/her wrongness, the frequency of delivery of obscene letters is limited to one time, and the fact that he/she has no record of punishment for the same kind of crime);

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

1. Article 57 of the Criminal Act including the number of days of detention in prison;

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

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