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(영문) 부산지방법원 2019.01.14 2018고단4923
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

At around 12:51 on March 18, 2018, the Defendant sent text messages to one another through C, D, and E’s group rooms that he/she became aware of in contact with B, and sent text messages to the Defendant, such as text messages such as C, D, and C, 17 years of age, victim G (n, 17 years of age), which were high school dong, and the Defendant’s sending of text messages, such as the victim F (n, 17 years of age, and 17 years of age, to the above page, and transmitted text messages such as the “mail,” “Ibe,” “abe,” and “a dial-dial-dial-sover,” and pictures describing sexual behavior.

Accordingly, the defendant sent text messages and photographs that may cause sexual humiliations to victims' cell phoness and sent them to receive them.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Application of the Acts and subordinate statutes to photographe by capturinge;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against criminal facts;

2. Selection of an alternative fine for punishment;

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

4. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment of Sexual Crimes;

5. In full view of the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, victim’s age, relationship with the victim, degree and expected side effects of the Defendant’s disadvantage and anticipated side effects, prevention of sex crimes that may be achieved by the order, effect of protecting the victim, etc. under Article 334(1) of the Criminal Procedure Act with regard to exemption of the employment restriction order under Article 334(1) of the Provisional Payment Order, the above order shall not be issued to the Defendant.

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