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(영문) 대구지방법원 상주지원 2019.06.11 2019고단9
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

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

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

Reasons

Punishment of the crime

No person shall have the other party deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation or aversion by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or the other person's sexual desire.

Nevertheless, at around 01:53 on September 17, 2018, the Defendant sent two cartoon photographs containing the appearance of male and female sexual intercourse, etc. with the victim C (the victim 21 years old) and the victim C (the victim 21 years old) he/she came to know through B B B B, which he/she operated, for the purpose of inducing or satisfying his/her sexual desire, and had the victim feel sexual humiliation by transmitting two obscene messages, such as "I would like to drink??????????????????????????????????????????????????????????????????????????????????

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts (a point of obscenity using communications media);

1. Selection of an alternative fine for punishment;

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

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. According to the proviso of Article 42(1) of the Criminal Procedure Act on Special Cases concerning the Punishment, etc. of Sexual Crimes without any duty to register and submit personal information under Article 334(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, where a person subject to registration of personal information is sentenced to a fine for a crime under Article 13 of the Act on the Punishment, etc. of Sexual Crimes, he/she

The age, occupation, and exemption of the defendant from the disclosure order, notification order, and employment restriction order.

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