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(영문) 청주지방법원 2020.03.12 2019고정802
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

On May 28, 2019, at around 02:07, the Defendant sent a speech that may cause sexual humiliation and aversion to the victim E (a person, female) who has joined the “D” by using his/her cell phone with the intent to satisfy his/her sexual desire in Jcheon-gun B apartment C, Jcheon-gun, 07, by stating “a person, female, who wishes to do so, I wish to do so,” etc.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to filing a complaint and a report on investigation (fags upon closure submitted by a victim);

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The proviso to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes which shall not be registered and submitted with personal information (limited to a fine imposed on a defendant);

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order, notification order, and employment restriction order; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the proviso to Article 56(1) of the Act on the Protection of Persons with Disabilities; the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (in light of the Defendant’s home environment, social relationship, etc., it appears that the Defendant’s participation in the sexual assault treatment lecture alone appears to have the effect of preventing recidivism; and other special circumstances where disclosure or notification of the Defendant’s personal information or restriction on employment, such as children and juveniles-related institutions, should not be limited, are considered as having

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