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(영문) 인천지방법원 2018.09.20 2018고단4117
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment for four 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

Around September 2016, the Defendant came to know of the victim B (V, 16 years of age) and the Defendant’s her early 2014 “original assistant.” Around 2014, the Defendant took a image of the Defendant’s sexual intercourse with the victim in an irregular manner at the time of the Nonparty’s teaching session with the victim. Around September 2016, around 2016, the Defendant took a part of the Defendant’s sexual intercourse with the victim, but did not comply with the Defendant’s sexual intercourse with the Defendant. Around November 14, 2016, the Defendant sent a photo to the victim’s sexual intercourse with the Defendant’s account using the Defendant’s portable phone messages at around 08:0 and around 11:00 on the same day.

Accordingly, the Defendant reached the victim with a view to inducing or satisfying the Defendant’s sexual desire, which caused sexual humiliation through the instant Mesenssenger, which is a communication medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A written complaint, photographic data, and the closure of each conversation, and each closure photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. Article 62-2 of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. A person whose reason for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, ordered employment restrictions, was the victim and assistance teaching system from the date of middle school students.

After that, it is not good to transmit the face of sexual conduct, in which it is difficult to identify whether the victim is a victim because it is hedged with the victim.

Furthermore, in light of the fact that the injured party has not yet received a letter from the injured party and is seeking strong punishment against the accused, it is necessary to punish the injured party with severe punishment corresponding thereto.

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