logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2014.04.25 2014고단301
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On December 24, 2013, the Defendant sent a photograph of the Defendant’s sexual organ from the Defendant’s home located in Goyang-gu C and 102 (D House) in Goyang-gu, Goyang-gu, Goyang-dong, 2013 to the Defendant’s cell phone from E mobile phone using the Defendant’s sexual organ (nive, 42 years old).

As a result, the Defendant sent to the victim images that may cause sexual humiliation or aversion through telecommunications media with a view to inducing or satisfying his or another person's sexual desire.

2. On December 28, 2013, the Defendant, who committed the crime of December 28, 2013, sent the video images, which carried out the Defendant’s sexual flag and self-defense in the Defendant’s house, at around December 14:27, 2013, from the aforementioned cell phone using the Defendant, to the said victim’s cell phone.

As a result, the Defendant sent to the victim images that may cause sexual humiliation or aversion through telecommunications media with a view to inducing or satisfying his or another person's sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the F prepared by the police;

1. Investigation report (specific suspect);

1. Application of the Acts and subordinate statutes to photographs by capturing dynamic images and capturing a cell phone of the victim;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order include: (a) the Defendant sent visual images on a random basis; (b) the Defendant did not agree with the victim; (c) the Defendant was a primary offender who has no particular criminal power; and (d) the Defendant’s age, character, conduct, family relationship; and (e) other circumstances that form conditions for sentencing, such as the Defendant’s age, character, family relationship

arrow