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(영문) 수원지방법원 안산지원 2021.01.20 2020고정1058
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall allow another person to deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual shame or aversion by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or another person's sexual desire.

around 15:20 on May 31, 2020, the Defendant sent the victim the message “F” to “E”, “G” and “H”, which was not known at his own dwelling place of B apartment C, and sent it to the victim for the purpose of inducing or satisfaction of his sexual desire by transmitting the message to the victim, “G” and “H,” which was opened at the Kakao Stockholm open opening room.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Application of the Acts and subordinate statutes governing the Stockholm course photographs;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines 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. When comprehensively considering the defendant's age, occupation, risk of recidivism, details and motive of the crime, the method and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's suffering due to the disclosure order and employment restriction order, the preventive effect and effect of the sexual crime subject to registration that may be achieved due to such order, the protection of the victim, etc. under Article 334 (1) of the Criminal Procedure Act, the disclosure order, notification order, and employment restriction order, the defendant's age, occupation, risk of recidivism, the method and consequence of the crime, and seriousness of the crime, the disclosure order, and the employment restriction order

Since it is judged, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 49(1) proviso and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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