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(영문) 인천지방법원 2016.05.26 2016고단1446
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 27, 2016, at around 23:30 on January 27, 2016, the Defendant want to blick the victim E (n.e., 22 years of age) that he/she became aware of through the Handphone-making flicking method of flock at D’D’ restaurant located in Bupyeong-gu Incheon Metropolitan City, and provided meals to the Defendant at the above restaurant and the victim.

It is possible to see in front of the face.

“” sent the Kakaka Stockholm message to the Defendant, and the injured party sent the phone to the Defendant “satisfy, fest, satisfy, fest, and the festest flag.

“To continue the word “......”

On January 28, 2016, the Defendant returned home to the restaurant, and the Defendant sent the victim a Kakao Stockholm message stating “I am I am I am I am I am.” to the victim at the Kakao Stockholm site.

Accordingly, the defendant reached the victim with a view to meeting his own sexual desire, which causes sexual humiliation through telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of statutes governing evidentiary materials submitted by victims;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Protection and Observation of Sexual Crimes and the Punishment, etc. of Sexual Crimes;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment include the fact that the defendant recognized the crime and reflects it, the first offender who has no record of punishment, and other matters specified in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's age, sexual behavior, environment, etc., as shown in the records and arguments of this case, shall be determined as ordered by considering the various matters.

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