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(영문) 수원지방법원 성남지원 2021.02.16 2020고정1110
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 has become aware of the victim B (the name of the defendant, the 18-year old) and the flaparing.

On June 27, 2020, the Defendant transmitted to the victim the pictures taken of the Defendant’s sexual organ using the Defendant’s mobile phone on a closed spot (hereinafter referred to as Sungnam-si) around 21:00 on June 27, 2020, and “I wish to do so”, “I wish to do so”, “I will do so in 200,000,000,0000,000) and “Icri

ㅎ”, “ 나랑 섹스는 시러 ㅠ”, “ 고 딩 이랑 존나 섹스하고 싶당..

“The message sent” was sent.

Accordingly, the Defendant sent pictures, letters, etc. that may cause sexual humiliation or aversion to the victim with a view to inducing or satisfying his or another person's sexual desire.

Summary of Evidence

1. As to the defendant's legal statement B (tentative name), the seizure protocol of the police statement, the report on the internal investigation of the seizure list (Attachment to the conversation between the suspect and the victim), and the application of the Acts and subordinate statutes of each investigation report;

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

1. Article 70(1) and Article 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 to Order;

1. In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, disclosure and notification order under Article 48(1)1 of the Criminal Procedure Act, the Defendant’s disadvantage and anticipated side effects due to the disclosure and notification order, the prevention of a sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victim, etc. under Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

The decision is judged.

exemption from an employment restriction order;

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