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(영문) 인천지방법원 2015.09.24 2015고단4307
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. Around 02:00 on May 11, 2015, the Defendant sent words, sounds, etc. that may cause sexual humiliation or aversion to the victim using telephone for the purpose of inducing or meeting his/her or others’ sexual desire by exposing the phone to the victim D (n, 22 years of age) by telephone transmission number display restriction.

2. On May 12, 2015, at around 01:30 on May 12, 2015, the Defendant sent a victim a horse, sound, etc. that may cause sexual humiliation or aversion by telephone, with a view to inducing or satisfying the victim’s sexual desire, by inducing or satisfying the sound that leads to sexual intercourses with the victim in the same manner as the above paragraph (1).

3. On May 14, 2015, at around 02:30 on May 14, 2015, the Defendant sent words, sounds, etc. that may cause sexual humiliation or aversion to the victim with a view to inducing or satisfying the sexual desire of himself/herself or others, by inducing or satisfying the sound that leads to sexual intercourses with the victim, at the same place as the above paragraph (1) and paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

1. Articles 70 (1) 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 reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order seems to have considerable mental impulse and sexual impulses of the victim due to the instant crime. However, the fact that the defendant recognized the crime and reflects it, and the defendant exceeds the same criminal record or fine after 197.

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