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(영문) 서울동부지방법원 2018.06.15 2018고단739
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

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

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

Reasons

Punishment of the crime

On December 22, 2017, at around 13:00, the Defendant sent a female body photograph similar to the victim E (n, 29 years of age) from the Defendant’s workplace office located in the fiveth floor of the Seoul Jung-gu Seoul Metropolitan Government C Building to the victim E (n, her female body photograph similar to the victim’s appearance, thereby inducing or satisfying the victim’s or others’ sexual humiliation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (Attachment of photographic materials transmitted by a person under investigation to D group hosting rooms);

1. Application of the Acts and subordinate statutes governing the transmission of suspects by recording a DNA conversation;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The circumstances, such as the failure to receive a letter from the person who has caused damage to the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the defendant's oppositeness, and the defendant's absence of any particular criminal history other than the instant crime, and the defendant's age, sex, environment, motive, means and consequence of the instant crime, etc., comprehensively considering various sentencing factors specified in the pleadings of the instant case, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the instant crime, shall

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