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(영문) 청주지방법원 2020.02.26 2019고단2460
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 shame 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 14:32 on June 26, 2019, the Defendant sent a male sexual image to the victim through the Kakakakao Stockholm, a cell phone number of the victim C (49 years old, female) with his cell phone, with a view to meeting his sexual desire within the accommodation of the Defendant B at around 14:32, 2019, and caused the victim to have a photograph that may cause sexual humiliation and aversion to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Kakao Stockholm content sent and received by the suspect and the victim, and of the sex photographic statutes;

1. Relevant Articles on criminal facts and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The proviso to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes which shall not be registered and submitted with personal information (limited to a fine imposed on a defendant);

1. An order for disclosure, notification, and employment restriction order: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1), the proviso to Article 56(1), Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018), Article 59-3(1) proviso to Article 59-3(1) of the Welfare of Disabled Persons Act, and other disclosure orders are deemed to have the effect of preventing recidivism even by taking sexual assault treatment courses against the Defendant.

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