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(영문) 광주지방법원 2020.10.07 2020고단442
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

"200 Highest 442"

1. On September 9, 2019, at around 02:44, the Defendant came to know of the contact point of the victim G (at L, 24 years old) who sells heavy clothes through the Defendant’s residence located in the North-gu in Gwangju-gu, Gwangju-gu (hereinafter “Gromarket”), the Defendant sent the Defendant’s body pictures to the victim 30 times through the Defendant’s cell phone Kakakao Kao Kao Mao Mao Mao Mao Mao Mao Mao Mao Mao Mao, thereby causing sexual humiliation to the victim.

2. On September 14, 2019, at around 16:16, the Defendant sent the Defendant’s body pictures over 41 occasions at the places indicated in the foregoing paragraph (1) at the same time as indicated in the same manner as indicated in the foregoing paragraph (1), and made the Defendant have the victim receive pictures that cause a sense of sexual humiliation through a cellular phone in order to satisfy his/her sexual desire.

The Defendant, “2020 Man-Ma2632” from the end of December 2019 to March 11, 2020, sent a photograph that causes sexual humiliation through a smartphone to the victim H (V 25 years old) by using a smartphone (galthothon8) possessed by the Defendant in the Defendant’s residence located in Gwangju North-gu B from the end of December 2019 to March 21, 2020, using the smartphone (galthon8).

Summary of Evidence

"200 Highest 442"

1. Defendant's legal statement;

1. The police statement concerning G;

1. References to report internal investigation (a photograph transmitted by a suspected person) 2020 Ma2632;

1. Defendant's legal statement;

1. The police statement of H;

1. An investigation report (Submission of a victim's male-magor and a suspect's message photograph);

1. Application of Acts and subordinate statutes on criminal investigation reports (the Kakao Stockholm message among victims of a suspect);

1. The pertinent Article of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Specific Crimes shall be Law No. 17264, May 19, 2020.

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