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(영문) 청주지방법원 2021.01.21 2020고정791
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

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

On June 17, 2020, the Defendant sent a male’s sexual picture to the victim D (V, 22 years old) who became aware of the past franchiseing at the Defendant’s house located in Cheongcheon-gun B and C, Cheongju-si, Cheongcheon-si, and Da, by using “Mara”, on two occasions.

Accordingly, the Defendant sent to the victim words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation or aversion through telephone, mail, computer, or other communication media with intent to arouse or satisfy his/her own or another person's sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of the Kakao Stockholm Act to the content of conversation;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Selection of fines;

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

1. The proviso of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to Order (the fact that it is difficult for the Defendant to implement the program in light of the Defendant’s workplace relationship, etc.) is not easy, and the Defendant is in profoundly against the victim’s damage caused by his/her criminal act, and is not connected

In light of the fact that there is no criminal punishment against the defendant, and that there is no agreement with the victim, there is a special circumstance in which it is impossible to impose an order to complete a program.

shown)

1. The proviso to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes which are not subject to the registration and submission of personal information (limited to a fine imposed on a defendant);

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, and place an employment restriction order; the proviso to Article 49(1) and the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the proviso to Article 56(1); the Addenda to the Welfare of Persons with Disabilities Act (Law No. 1530, Dec. 11, 2018).

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