logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원서부지원 2020.08.21 2020고단430
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 16, 2019, the Defendant sent a text message “I wish to see” to the victim D (the age of 32) who was under guard with the Defendant at the time of using the Kakakakao Kakao Stockholm, at around 21:42, around July 16, 2019, the Defendant sent a text message to the victim D (the age of 32) who was under guard with the Defendant, and “I wish to do so.”

As a result, the Defendant sent to the other party the images that may cause sexual humiliation or aversion through the communication media with a view to inducing or satisfying his or another person's sexual desire.

2. On August 2, 2019, the Defendant committed the crime on August 2, 2019, at the same place as the foregoing paragraph 1, around August 17:17, 2019, attempted to talk with the Defendant and the victim, and on the screen page on the screen of the Kakakaox, the victim sent his chest by having strawed off the straw, and posted a photograph up to the door door with her string, and the victim considered the said photograph.

As a result, the Defendant sent to the other party the images that may cause sexual humiliation or aversion through the communication media with a view to inducing or satisfying his or another person's sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the statement by the police on D (Attachment to the Kakakao Stockholm dialogue on July 16, 2017), a closure photo investigation report (Attachment to the Kakao Kakao Kakao Stockholm on August 2, 2019), a closure photo investigation report (Attachment to evidentiary photographs), application of statutes on victim photograph.

1. Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) and the choice of imprisonment with prison labor

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

1. Article 62 (1) of the Criminal Act;

1. The instant case’s grounds for sentencing under Article 16(4) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order and Order to Attend Courses.

arrow