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(영문) 대구지방법원 안동지원 2021.02.18 2020고단608
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

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

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

Reasons

Punishment of the crime

The defendant was aware of B (the plaintiff, the 32 years old, and the name) through the introduction of "Isday" around February 2020 through the introduction of "Isday" case.

On March 23, 2020, the Defendant sent four copies of his sexual photo to the complainants through his smartphone “Kakakao Stockholm Stockholm” application in the residential area of Gyeong-dong, Gyeong-dong, Gyeong-dong, Gyeong-dong, Seoul.

Accordingly, the Defendant sent images that could feel sexual humiliation for the purpose of inducing or meeting his or another person's sexual desire.

Summary of Evidence

1. Statement made by the police against B by the defendant in court;

1. Application of the Acts and subordinate statutes to the accusation site, investigation report (obscenity images sent by the victim to the Kakao Stockholm), photographic, investigation report (Attachment to the Kakao Stockholm dialogue), Kakao Stockholm dialogue outputs

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) concerning the crime

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

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

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

1. There are special circumstances under which the employment of the defendant shall not be restricted in considering comprehensively the age, family environment, and social relationship of the defendant, records of the crime, details and motive of the crime, method of the crime, result of the crime, risk of recidivism, disadvantage of the defendant's entry due to the employment restriction order, preventive effect of the sex crime that may be achieved due to such order, etc.

The crime of this case on the grounds of sentencing is that the defendant sent his sexual picture to the victim, and the nature of the crime is not good, and the defendant did not reach an agreement with the victim.

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