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(영문) 서울남부지방법원 2020.06.24 2020고단1613
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a police officer belonging to the Seoul Gangnam Police Station B.

On January 23, 2020, at around 21:17, the Defendant repeated three times the phrase “I wish to be prompt and soon as soon as you want to do so,” using a cell phone of the victim D (one person, other person, and 38 years of age) with the public telephone set up in front of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu.”

Accordingly, the Defendant reached the victim with the intent to arouse or satisfy his sexual desire, which may cause sexual humiliation or aversion through telephone.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Written petition filed by D;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Relevant legal provisions concerning facts constituting an offense and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) concerning the selection of punishment for a sexual crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract 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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. According to the proviso to Article 42(1) of the Criminal Procedure Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in which no personal information is to be registered and submitted pursuant to Article 334(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, where a person subject to registration of personal information is sentenced to a fine for a crime under Article 13 of the Act on Special Cases concerning the Punishment, etc. of

The defendant's age, occupation, risk of recidivism, type of crime in this case, motive, process of crime, disclosure order or notification order of disclosure order, the degree of disadvantage and anticipated side effects of the defendant's disadvantage, and the prevention of sex crimes subject to registration which may be achieved due to such order.

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