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(영문) 인천지방법원 2019.06.20 2018고정2763 (1)
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

On July 25, 2018, at around 17:07, the Defendant sent text messages to the victim E (the age of 44) using mobile phone sengers from the Defendant’s residence located in the Seo-gu Incheon Building C, Seo-gu, Incheon, by using his/her sexual sengers, along with his/her sexual flusium photograph, and “the brus or governance fluss or governance fluss or governance flussium treatment from the Eup to the brus or governance flusium, or the bruscenbbing brus, the brus or b

As a result, the Defendant sent to the other party images and horses that may cause sexual humiliation or aversions by telephone with a view to inducing or satisfying his or another person's sexual desire.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes to photograph the content of the message submitted by the victim;

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 main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Welfare of Disabled Persons Act ( December 11, 2018), the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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