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(영문) 부산지방법원 2018.08.22 2018고단2395
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

1. The defendant shall be punished by a fine of two million won;

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

Reasons

Punishment of the crime

On December 4, 2017, from around 18:23 to 19:31, the Defendant used the clinic called “C” in subparagraph 101 of Article 10 of the Seocho-gu Busan Metropolitan Government B Housing, his house, from around 18:23 to around 19:31, the Defendant used the clinic called “C”, which is his house, to the victim E.

너 가섭 한번 비도( 네 가슴을 한번 보여줘). 영상통화 애비도. 학생아, 네 적 곡지 한 비도( 네 젖꼭지 한번 보여줘). 아, 아, 너가 좀 한번만 비주면( 네 가 좀 한번만 보여주면) 이재 아남 다, 아.’ 라는 내용의 문자 메시지를 보냈다.

As a result, the Defendant reached the other party that may cause sexual humiliation or aversion through telephone or other communication media with a view to inducing or satisfying his or another person's sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

2. Application of Acts and subordinate statutes on police statements made to E;

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;

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

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

4. Comprehensively taking account of the various circumstances indicated in the records, such as an order to disclose registered information, and an order to notify the disclosure of information and an order to restrict employment, and Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Crimes, the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the crime of this case appears to have an impact on the mental and psychological delivery of class 3 of intellectual disability in committing the crime of this case), the fact that he/she is found to have committed an unlawful act; the Defendant’s age, sex behavior, environment, family relationship, etc. has no record of criminal punishment; and the profits and the effect expected by an order to disclose or restrict employment, and the disadvantages and side effects resulting therefrom are compared.

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