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(영문) 서울서부지방법원 2016.04.08 2015고단3104
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On October 11, 2015, the Defendant, at around 08:47, sent to the victim F (e.g., 30 years of age) a photograph that causes sexual humiliation or repugivity by using a conversation called E, which is a mobile phone device, through the Defendant’s cell phone, with a view to inducing or satisfaction of his sexual desire at the Defendant’s residence located in Eunpyeong-gu Seoul and 401, with a view to inducing or satisfying his sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The document of F;

1. Application of D Contents, Photographs Acts and subordinate statutes

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

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

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

4. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act in the case of the order of provisional payment.

1. Unfavorable circumstances: The fact that the victim seems to have considerable mental impulses suffered in light of the substance of his/her photograph and that the victim has not received any straw from the victim;

1. favorable circumstances: The defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act if a conviction on a sex crime subject to registration becomes final and conclusive, in consideration of all the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, environment, relationship with the victim, motive for committing the crime, etc., such as the fact that he/she has committed a mistake, reflects himself/herself, and has no record of criminal punishment after 1

The defendant enters the military court due to the age, occupation, risk of recidivism, motive for committing the crime of this case, method of committing the crime, seriousness of the crime, order of disclosure or notification of personal information.

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