logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.05.31 2019고단2083
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

For the purpose of inducing or satisfaction of a victim B (n, 48 years of age, al.e., the victim C) with a view to inducing or satisfaction of his or another person’s sexual desire;

1. At around 10:30 on January 20, 2019, the Defendant sent the victim’s photo of the male flag to D message using his/her cell phone device at an unclaimed place.

2. On January 28, 2019, at around 21:30, video images sent to the victim’s sexual intercourses with the victim in the following manner: (a) the victim’s sexual intercourses were sent to D message.

As a result, the Defendant sent words and videos that may cause sexual humiliation or aversion to the victim through D message.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes concerning photographs and videos;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines for Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The reason for sentencing under the proviso of Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against which the defendant is not obliged to register personal information and submit personal information (the defendant is sentenced to a fine) is that the defendant sent the victim, twice throughout the period of sentencing, video images having sexual intercourse between male and female, which are not good in light of the motive, attitude, etc. of the crime, and the victim appears to have suffered a considerable mental pain due to the crime in this case. Nevertheless, considering the fact that the defendant did not receive a letter from the victim, the criminal liability of the defendant is not weak.

However, the defendant reflects his mistake, the defendant does not have the same criminal record, and the defendant has no other criminal records.

arrow