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(영문) 울산지방법원 2017.07.06 2017고단1300
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant became aware of the victim through a mobile phone hosting case.

On March 12, 2017, the Defendant sent the Defendant’s sexual picture to the victim D (the age of 21) through mobile phones for the purpose of inducing or meeting the sexual humiliation of around 14:09 at Yangsan-si, Yangyangsan-si, the Defendant sent the Defendant’s sexual picture to the victim D (the age of 21) and send the message “Is the Defendant’s sexual humiliation.”

They sent pictures that cause sexual humiliation or aversion through telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the statutes governing Defendant’s transmission photographs

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attend the course is that the Defendant tried to repeat his/her verbal sexual harassment against a victim, who is an undergraduate student, for whom the concept of sexual morality has not been completed, and the Defendant sent his/her sexual harassment to the victim. In light of the circumstances and content of the crime, the crime is not good in light of the crime’s nature and content, and the victim appears to have caused considerable

However, considering the fact that there was no record of sexual crimes of the same kind before the instant case, and the fact that an agreement has been reached with the victim, etc., the court shall take into account the favorable circumstances, taking into account the Defendant’s age, sex, family relationship, family environment, motive and means of the crime, and circumstances after the crime, etc., and determine the punishment as ordered.

Where a judgment of conviction against a defendant on the criminal facts in the judgment of a sexual crime subject to the registration of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related agency pursuant to Article

An order of disclosure or exemption from notification.

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