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(영문) 광주지방법원 목포지원 2015.12.22 2015고단1331
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No person shall have the other party deliver words, sounds, letters, paintings, images or other things that may cause a sense of sexual shame or aversion by telephone, mail, computer or other means of communication, with intent to arouse or satisfy his/her own or another person's sexual desire.

Nevertheless, at around 17:00 on July 11, 2015, the Defendant sent to the victim D (the 24 years old), a child care center teacher of the Defendant, who is the Defendant’s residence, c apartment 404 dong 405, which is the Defendant’s wife, to the victim, who is the child care center teacher of the Defendant’s wife, who is the Defendant’s his/her father, using the Kakakao Kao Mesen, obscene images

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes to investigation reports (related to evidence submitted by the victim);

1. Relevant legal provisions concerning criminal facts and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes for the Punishment of Sexual Crimes (Consideration of fines, the selection of fines, the fact that the defendant seems to have committed an offense, the fact that the victim does not want the punishment of the defendant by agreement with the victim, and the fact that the defendant is the first offender who has no past record

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order, the Defendant’s age, occupation, risk of recidivism, criminal records, contents and motive of the offense, method and seriousness of the offense, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s disadvantage due to such order, the preventive effect of sexual crimes subject to registration that may be achieved due to such order, and the protection of the victim.

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