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(영문) 인천지방법원 부천지원 2017.11.15 2017고단1694
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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Defendant shall be punished by a fine of 200,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On February 28, 2017, from around 02:57 to 05:47, the Defendant called the victim D (hereinafter referred to as “the victim”) by using the home phone call and the Defendant’s mobile phone at the Defendant’s home located in 205 Dong 1802, the Defendant sent the victim a text message, such as “to off, from clothes, from about to around 20 years of age,” and “to listen, and to see,” etc., the Defendant sent the victim a text message.

Accordingly, the Defendant sent words and comments to the victim that cause sexual humiliation through telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to take photographs of recording a telephone call taken by a victim, and of taking notes of a cellphone;

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

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

1. proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (to be deemed difficult for the defendant to complete program due to a disability);

1. The Defendant sent a considerable number of text messages to the victim for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, and the victim received considerable mental impulse.

However, the defendant recognizes his mistake and reflects his mistake.

There is a disability caused by rare diseases to the defendant.

There is no criminal history prior to the instant case.

The family members of the defendant have to guide the defendant well to prevent recidivism.

The victim shall pay the agreed amount to the victim and the victim shall not be punished for the defendant.

In addition, the punishment shall be determined by comprehensively taking into account the following factors, such as the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime.

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