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(영문) 광주지방법원 2017.05.19 2017고단1228
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

No person shall allow another person to 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 another person's sexual desire.

Nevertheless, on January 26, 2017, from around 13:23 to 18:50, the Defendant sent 16 video images of which gender is recorded between the Defendant’s house located in Seo-gu, Gwangju, by using mobile phone D services, to victims E (n, 49 years of age) with a sexual intercourse.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. The substance of F stenographic records is the statement made by the police against the victim;

1. Application of Acts and subordinate statutes, such as obscene photographs transmitted to the victim by the victim;

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

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 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 of the Suspension of Sentence (the Defendant is a confession, sexual intercourse, and initial offender).

The defendant seems to have committed the crime of this case by contingency.

The injured party shall not want the punishment of the defendant under agreement with the defendant.

In addition, the sentence shall be suspended in consideration of the circumstances that form the conditions of sentencing as shown in the record, such as the relationship between the defendant and the victim, the age, sexual conduct, motive and consequence of the crime, and circumstances after the crime.

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