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(영문) 대전지방법원홍성지원 2020.08.11 2020고단385
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The sentence against the accused shall be determined by a fine of two million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On November 8, 2019, around 08:35, on November 8, 2019, the Defendant sent pictures of the form of sexual intercourse with Kakakao Stockholm, which was installed in a cellular phone used by the Defendant to the victim C, who was entirely unaware of at least 08:35 on November 8, 2019.

2. On November 9, 2019, the Defendant sent video images of which gender is sexually related at the aforementioned place around 13:09 on November 9, 2019, and by the same method, to the cellular phone of the said victim.

As a result, the Defendant sent pictures and videos that may cause sexual humiliation or aversion to the victim by using cellular phone devices in order to satisfy all sexual humiliations twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the statutes governing data submitted to victims;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment Thereof;

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

1. The punishment shall be determined by comprehensively taking into account various factors of sentencing, including the contents of photographs and videos transmitted for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the background leading to the crime and the circumstances after the crime, the degree of sexual humiliation suffered by the victim, the fact that the defendant was first offender, the fact that the defendant was the primary offender, and the age, occupation and environment of the defendant;

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