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(영문) 서울남부지방법원 2020.11.27 2020고단4747
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

No person shall have the other party 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 the other person's sexual desire.

Nevertheless, around 05:11 on July 18, 2020, the Defendant sent a text message “I wish to drink once you want to do so,” to the victim D using mobile phone carothing at his home of the Gwangjin-gu Seoul Special Metropolitan City building C, thereby allowing the victim to feel sexual humiliation or aversion through a communication medium for the purpose of meeting his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Application of Acts and subordinate statutes to report internal death (Attachment of a photograph of damage submitted by a victim);

1. Relevant Articles on criminal facts and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;

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

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

1. The proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 59-3 (1) of the Act on Welfare of Persons with Disabilities (in full view of the defendant's age, occupation, risk of repeating a crime, motive, method of committing the crime in this case, the degree and anticipated side effects of the defendant's disadvantage due to the employment restriction order, the prevention of sexual assault crimes subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., it is determined that the defendant should not be restricted from employment with child or juvenile-related

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the instant crime is that the Defendant has no pro rata relationship.

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