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(영문) 청주지방법원 2020.03.18 2019고단2766
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The defendant was in contact with the victim B (the family name, the remaining life, the age of 24) through the Lone Star Program.

On August 23, 2019, at around 10:08, the Defendant sent a sound that may cause sexual humiliation or aversion to the other party through a communications medium by limiting the phone number display to the victim residing in the Cheongju-si, the Defendant sent a sound that may cause sexual humiliation or aversion to the other party by using a communication medium, including around 6 seconds from home to home, while restricting the phone number display to the victim residing in the Cheongju-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement related to B (tentative name);

1. Application of Acts and subordinate statutes to investigation reports (Evidence List 7);

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. The sentencing of sentencing is based on the following: (a) Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders, notification orders, and employment restriction orders; (b) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; (c) the proviso to Article 56(1) of the Act on Welfare of Persons with Disabilities; and (d) the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (in light of the Defendant’s home environment, social relationship, etc., it appears that the Defendant’s participation in the sexual assault treatment lecture alone is likely to cause the effect of recidivism; and (d) other special circumstances such as disclosure and notification of Defendant’s personal information or employment restrictions such as

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