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(영문) 대구지방법원 서부지원 2017.11.16 2017고단1235
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On March 10, 2017, around 20:35, the Defendant sent to the victim D (the age of 24) a form of self-defensing a video call using the Defendant’s mobile phone to the victim D (the age of 24) using the Defendant’s mobile phone, and sent the image to the said victim by the same method at the same place as on March 23, 2017, and sent the image to meet the sexual humiliation or repug on two occasions in total.

2. On March 31, 2017, at the Defendant’s residence, around 11:25, the Defendant: (a) opened a video call using the Defendant’s mobile phone to the cell phone of the victim H (the age of 27) and sent the Defendant’s sexual organ to the Defendant’s sexual organ; (b) opened the video call to the said victim at the same place in the same manner as at around 14:15 of the same day; and (c) sent the Defendant’s image phone to the Defendant’s sexual flag covering the Defendant’s sexual flag, and sent the image to the other party with a view to satisfy his sexual humiliation or aversion on two occasions in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to D, and a statement of H;

1. Application of Acts and subordinate statutes to photographs after each closure;

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

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The text of the Criminal Procedure Act takes into account the following factors: (a) the confession of the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act and his depth and reflect his depth; and (b) the defendant has no record of punishment exceeding the same criminal record and fine.

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