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(영문) 서울북부지방법원 2017.01.12 2016고단4763
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On May 31, 2016, the Defendant transmitted video images taken by using the Defendant’s cell phone function, which was installed in the Defendant’s cell phone, from around 00:20 on May 31, 201, to the cell phone of the victim D (n, 22 years old) who was aware of the fact that the female was quickly sexually sexually sexually female by entering the cell phone of the victim D (n, 22 years old).

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

2. The Defendant, at the same time and place as in the preceding paragraph, threatened the victim by transmitting text messages to the Internet, on the victim’s cell phone using the said Messenger function.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of C message screen output Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment (obscenity using communications media), Article 283 (1) of the Criminal Act, and selection of fines, respectively;

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. The sentence identical to the order shall be determined by comprehensively taking into account the circumstances under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and the circumstances before and after the commission of the crime.

- the nature of the offence, failure to obtain use from those who suffered damage - the recognition and reflect of the offence, and there is no record of punishment for the sex offense;

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