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(영문) 서울동부지방법원 2019.03.15 2018고단4152
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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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 17:00 on May 24, 2018, the Defendant sent dynamic images with which both men and women have a sexual intercourse by using the Defendant’s cell phone at a non-permanent place.

Accordingly, the Defendant sent to the victim images that may cause sexual humiliation or aversion with the intent to arouse or satisfy his or another person's sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. Application of the Acts and subordinate statutes on obscene videos CDs;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The reason for sentencing in the proviso of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (see, e.g., the Defendant’s age, family environment and social ties, records of crimes, details and motive of crimes, method of and result from crimes, risk of recidivism, etc.) of the Act on the Protection of Children and Juveniles against Sexual Abuse (see, e.g., Supreme Court Decision 2009Da14498, Apr. 1, 2009) is deemed to be a special circumstance that should not be restricted on employment in comprehensively considering the following factors: (a) the Defendant’s recognition of the instant crime; (b) the Defendant has no same record; (c) the Defendant’s age, character and behavior

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