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(영문) 서울서부지방법원 2017.11.29 2017고정1189
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On May 14, 2017, at around 23:37, the Defendant transmitted dynamic images with a sexual intercourse with a cell phone used by the victim E (the family name, the female, the age of 59) using a smartphone (D), at the Defendant’s residence located in Mapo-gu Seoul Metropolitan Government C 1108 Dong 1006, 106.

As a result, the Defendant reached the victim with a view to inducing or satisfying his or another person's sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. Application of the Acts and subordinate statutes to photograph the contents of a DNA conversation;

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

1. A fine of two million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (Article 59 (1) of the suspended sentence (Article 59 (1) of the Criminal Act (Article 59 (1) appears to have reached an agreement that the victim who became aware of such circumstance submitted a written agreement that the defendant would not be punished after institution of the prosecution; Article 59 (1) of the same Act (Article 59 (1) of the same Act (Article 59 (1) of the same Act (Article 59 (1) applies to the Huntington who is a sloping-related brain disease); Article 5

1. No order to complete a program may be imposed where a suspended sentence is suspended pursuant to the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to

1. The proviso to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the registration and submission of personal information;

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