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Reasons
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(영문) 춘천지방법원 2016.09.20 2016고단586
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 21, 2016, the Defendant displayed the images of the victim F ( South and the age of 23) in the victim F (hereinafter referred to as the “F”) of the D University E classroom located in Chuncheon-si, C, at the Defendant’s residence located in B apartment B, 5, 1705, Dongcheon-si, 2016.

Accordingly, the Defendant sent to the victim images that may cause sexual humiliation or aversion through telephone with a view to inducing or satisfying his own sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of two Acts and subordinate statutes to relevant evidence photographs;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order appears to be reasonable for deliberation of the victim’s mental impulse and sexual value due to the instant crime. Nevertheless, the victim’s failure to recover from damage is an element for sentencing unfavorable to the defendant.

On the other hand, it seems that the defendant has divided his wrong and reflects his wrong, and that the defendant is the primary offender who has no criminal history, etc. is an element of sentencing favorable to the defendant.

In addition, all other circumstances, such as the age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., which are conditions for sentencing as shown in the pleadings of this case, shall be determined as per the order.

With respect to an order to register, disclose, or notify personal information, the Constitutional Court shall be a person subject to registration of personal information in Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on March 31, 2016.

“The” portion is unconstitutional.

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