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(영문) 서울북부지방법원 2018.04.19 2018고단229
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The sentence against the accused shall be 2,00,000 won.

When the defendant does not pay a fine, 100.

Reasons

Punishment of the crime

No person shall allow another person to 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 another person's sexual desire.

The defendant is a child care teacher of the victim C (n, 34 years of age), who is a teacher of D (n, 2 years of age), who is a father of the victim C (n, 34 years of age), and on December 19, 2017, the defendant uses the victim's "E" sign "E" sign, which is a child care center guide, to satisfy his/her sexual desire around 18:00 on December 19, 201.

The phrase “assigning” was transmitted.

Accordingly, the Defendant sent to the victim a letter that may cause sexual humiliation or aversion through communication media with a view to meeting his/her sexual desire.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes on the closure of a fix of a language transmitted;

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 full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

I think)

Defendant

The defendant and his/her defense counsel's argument are the same as the defendant's written indictment.

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