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(영문) 인천지방법원 2017.11.29 2017고단6037
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 30, 2017, around 18:03, the Defendant 201, the Yeonsu-gu Incheon, Yeonsu-gu, c201, and the victim D (so-called "so-called," and the victim D (so-called, "so-called,") take the Defendant's sexual organ by sticking video phone

In order to satisfy his own sexual desire by showing a self-defluence, the images that cause a sense of sexual shame through the communication media were sent to the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to arrange the contents of a victim E Messen dialogue and video call closures;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Where a conviction of the above imprisonment with prison labor against the accused is finalized with respect to the criminal facts in the judgment that are subject to the registration and submission of personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the obligation to submit personal information to a related agency under Article 43

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall not be sentenced to an order to disclose personal information registered to a defendant pursuant to the following, taking into account the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, the effect of preventing sexual crimes that may be achieved through an order to disclose information, disadvantage the defendant's injury, etc.

The crime of this case for the reason of sentencing is the transmission of video images that cause sexual humiliation or aversion to the other party with the aim of meeting his own sexual desire.

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