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(영문) 대전지방법원 2015.09.09 2015고단2462
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

[2015 Highest 2462] On March 31, 2015, the Defendant set up a mark of restriction on transmission using the Defendant’s mobile phone at the office of the Defendant, which is located at C, 4403 Dong 104, Namyang-si around 14:10 on March 31, 2015, and displayed the form of the Defendant’s self-defense by posting a video call with the Defendant’s mobile phone as set forth in D(W, 21

In addition, from February 4, 2015 to April 27, 2015, the Defendant reached 14 victims with a total of 14 images that may cause a sense of sexual humiliation or aversion by telephone with an intent to arouse or satisfy his/her or another person's sexual desire, such as the written list of crimes.

[2015 Highest 2642] On April 15, 2015, the Defendant sent the Defendant’s sexual organ to the victim E (V, name, age 19) in public toilets around 482, 13:45, 2015.

Accordingly, the Defendant reached a video that may cause a sense of sexual humiliation or aversion through telephone with a view to inducing or satisfying his or another person's sexual desire.

Summary of Evidence

[2015 Highest 2462]

1. Defendant's legal statement;

1. Each police statement to F, G, H, I, and J (Evidence Nos. 7 to 11), and written statements of D;

1. A report on investigation (related to the investigation of victims e-mail);

1. Details of currency;

1. Evidential photographs (2015 highest 2642);

1. Defendant's legal statement;

1. The police statement of E;

1. List of currencies;

1. Application of photographic Acts and subordinate statutes after capturing a video;

1. Relevant Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the same victim and each of the choice of punishment (in cases of crimes committed on at least two occasions against the same victim, selection of fines shall be made collectively);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The key point of the sentencing criteria shall be the sentencing criteria.

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