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(영문) 청주지방법원 충주지원 2018.10.19 2018고단227
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On August 2016, the Defendant sent Mano images to the victim E (the age of 34) who is his/her father, a male and female, transmitted by her native and female from her natives D, within Quaker Qua Catat University located in Quak Qua C, a male and female, who had been transmitted by her natives D.

As a result, the Defendant sent to the victim the images that cause sexual humiliation through the communication media with a view to meeting the sexual desire.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. The defendant asserts to the effect that each police suspect interrogation protocol against the defendant [the defendant sent Mano images for the purpose of giving guidance only and did not aim to arouse or satisfy sexual humiliations.]

However, the following facts and circumstances acknowledged by the evidence duly adopted and examined by this court, namely, ① content of the Manono Video (the content of sexual intercourse between the male and the female for about seven minutes from five minutes to seven minutes, and the police interrogation protocol for the defendant), ② This is a video that causes sexual humiliation or aversion in light of not only the victim but also the general and average person of the sex and age group, such as the victim, and it is inevitable to view it as the content to the satisfaction of the sexual desire. ③ The victim was suffering from large pain and abduction due to these images, and the victim was talked with her mother and her head; ④ the Defendant sent the victim several times of the above images or photographs with sexual content, ⑤ the Defendant, without the victim’s consent, can be acknowledged in full view of the facts that he or she committed the act, such as taking the victim’s back body pictures before the instant case.)

Application of Statutes

1. Relevant Articles of the Act concerning the facts constituting the crime;

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