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(영문) 의정부지방법원 2016.05.13 2015고단4637
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant: (a) on February 28, 2015, within his/her dwelling area located in Gyeonggi-gun Group B, Gyeonggi-do 22:51 on February 28, 2015; (b) on his/her smartphones to the victim C (the victim is 19 years of age) by posting a video call; and (c) on the part of the victim was called by the victim, he

I transmitted the face of the above act.

2. On March 1, 2015, at the same place as above 1:3:10 on March 1, 2015, the Defendant: (a) in one’s smartphone, in which the victim was called by telephone with a video phone, and (b) in which the victim was called, the Defendant’s sexual organ;

I transmitted the face of the above act.

3. The Defendant, at around 22:50 on May 20, 2015, at the same place as the foregoing paragraph 1, in a case where he/she was called by his/her smartphone in a video phone and the victim was called by telephone, he/she shall take the Defendant’s sexual organ out of the phone.

I transmitted the face of the above act.

4. On May 23, 2015, the Defendant: (a) at the same place as the foregoing paragraph 1 at around 19:19 on May 23, 2015; and (b) at one’s smartphone, where the victim was called by telephone, he/she shall take the Defendant’s sexual organ out.

I transmitted the face of the above act.

5. On May 29, 2015, the Defendant: (a) at the same place as the foregoing paragraph 1, around May 29, 2015; and (b) at one’s smartphone, where the victim was called by phone using a video phone, he/she shall take the Defendant’s sexual organ out of the phone.

I transmitted the face of the above act.

Accordingly, the Defendant sent to the victim images that may cause sexual humiliation or aversion using smartphones with a view to meeting his/her sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Report on internal investigation (related to the identity of the person suspected of being suspected), and details of call calls sent from reverse stations;

1. Application of the Acts and subordinate statutes on closures;

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

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 (2) of the Criminal Act to attract a workhouse.

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