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(영문) 청주지방법원 2020.05.21 2020고단11
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On July 9, 2019, at around 17:47, the Defendant sent the image of the Facebook to the Defendant’s cell phone (C) with the victim’s cell phone (E) from the Defendant’s residence located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-si, and sent the image of the Defendant’s cell phone (E) with the victim’s cell phone (15 years old).

As a result, the Defendant sent to the victim images that may cause a sense of sexual humiliation or aversion through telephone, mail, computer, or other communication media with intent to arouse or satisfy his or another person's sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of photographic Acts and subordinate statutes by committing a crime committed by the suspect submitting the victim;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Selection of fines;

1. Suspension of sentence: Article 59 (1) of the Criminal Act (the punishment to be suspended: Fine of three million won, and the confinement in a workhouse for a period converted into 100,000 won a day when the fine is unpaid);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes which have not been ordered to complete a program (it shall not be imposed

1. The proviso to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes that shall not be registered and submitted;

1. Taking into account the following factors: (a) the disclosure order, notification order, and employment restriction order: (b) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; (c) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; (d) the proviso to Article 50(1); (e) the proviso to Article 56(1); (b) the Defendant’s home environment; and (e) social relationship, etc., the Defendant’s order to complete a program to the Defendant is deemed to have the effect of preventing recidivism; and (e) other benefits and preventive effects expected by the disclosure order, etc.,

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