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Reasons
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(영문) 수원지방법원안양지원 2020.08.28 2020고단994
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

At around 10:00 on October 14, 2019, the Defendant viewed the victim B (tentative name) as the video call using the Mesenger’s Mesenger, and viewed the Defendant’s Mesenger’s act of self-defense.

Accordingly, the Defendant sent to the other party images that cause a sense of sexual humiliation or aversion through telecommunication intermediary for the purpose of inducing or satisfying his own sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. C course photographs;

1. Application of report on investigation (specific suspect) Acts and subordinate statutes;

1. Relevant Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) and the selection of fines concerning criminal facts;

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

1. 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. Reasons for sentencing in light of the following factors: (a) an order to disclose or notify the personal information of a defendant, and Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an employment restriction order; (b) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (c) the proviso to Article 56(1) of the Act on Welfare of Persons with Disabilities (the age, occupation, risk of recidivism; the motive and method of committing the instant crime; the method of committing the instant crime; the disclosure order; the notification order; and the employment restriction order; (d) the degree of disadvantage and anticipated side effects of the defendant's injury caused by the order; and (e) the prevention of sexual crimes subject to registration that may be achieved; and (e) the protection effect

1. The scope of punishment by law: Fine not exceeding five million won;

2. The Defendant, who was sentenced, considered the victim’s self-defense.

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