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(영문) 청주지방법원 2018.04.27 2017고합278
성폭력범죄의처벌등에관한특례법위반(장애인준강간)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant maintains a de facto marital relationship from around June 21, 200 with the father's mother of the victim B (n, C, intellectual disability 3) and the father of the victim who reported marriage on June 21, 2005.

On April 2016, 2016, the Defendant “to produce” to the victim’s cell phone from the sular land to the Defendant.

“C.” sent a message, and then sent the victim’s pictures showing his sexual character.

Accordingly, the Defendant sent words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation or aversion through telephone, mail, computer, or other means of communication with intent to arouse or satisfy his/her own or another person's sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. B’s statement contained in video recording CDs (Evidence Nos 56);

1. Application of the investigation report (as to the results of digital evidence analysis), report on results of digital evidence analysis, results of digital evidence analysis, CDs, photographic Acts and subordinate statutes;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the fact that the defendant has no record of punishment for a sexual crime, the fact that the defendant has no record of being punished for a sexual crime, the defendant's personal information registration of the defendant and lectures to treat sexual crimes can be prevented from reoffending even

In addition, the defendant's age, occupation, family environment, social relationship, method and result of the crime, the preventive effect expected by the disclosure order or notification order, disadvantage and anticipated side effects of the defendant, and the protection of the victim.

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