logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원서부지원 2020.12.08 2020고정225
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The defendant is a viewer who has participated in a broadcast of Internet contents in C, which is an Internet broadcast, where the victim B (the age of 28) was under way.

On June 1, 2019, the Defendant posted a letter on June 1, 2019, stating that C Game Content Broadcasting, which was being used by the victim at the time of the residence of the Daegu Dial E, Seogu, Daegu, as one’s cell phone, was “I wish to see in Flocked,” and “I wish to see in Flocked.”

Accordingly, the Defendant sent to the victim a writing that may cause sexual humiliation or aversion through telecommunications media, such as computers, with a view to meeting his/her sexual desire.

Summary of Evidence

1. Defendant's legal statement;

2. Application of the police protocol protocol law to B

1. Relevant legal provisions concerning facts constituting an offense 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) concerning the selection of punishment for a sexual crime;

2. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse.

3. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

4. In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process of the crime in this case, the degree of disadvantage and anticipated side effects of the Defendant’s entry, prevention of a sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victims of the provisional payment order under Article 334(1) of the Criminal Procedure Act, it is determined that there are special circumstances where the Defendant’s personal information should not be disclosed or notified, or employment should not be restricted.

Therefore, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; proviso of Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; proviso of Article 50(1); proviso of Article 56(1); proviso of the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); proviso of Article 59-3(1) of the Act on Welfare of Persons with Disabilities.

arrow