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(영문) 청주지방법원 2018.06.08 2018고단223
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

1. On April 8, 2017, at around 03:24, the Defendant sent from the “C” drinking house operated by the Defendant in Cheongju-si, Cheongju-si, a mobile phone from the Defendant’s cell phone to the Defendant’s cell phone, the instant drinking house used the Defendant’s cell phone function to transmit the images of the Defendant’s own act to the victim D (a name, female) (hereinafter referred to as “C”).

As a result, the Defendant sent to the victim images that may cause sexual humiliation or aversion through smartphones, which are communication media, with a view to inducing or satisfaction of his sexual desire.

2. On December 22, 2017, at around 03:08, the Defendant transmitted images exposed to the sexual organ to the above victim by the same method as Paragraph 1 at the place indicated in paragraph 1, in a manner as in paragraph 1.

As a result, the Defendant sent to the victim images that may cause sexual humiliation or aversion through smartphones, which are communication media, with a view to inducing or satisfaction of his sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Application of Acts and subordinate statutes on dialogue content;

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;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act: The defendant's age, sex, environment, motive, means and consequence of the crime, circumstances before and after the crime, etc. shall be determined in the same manner as the order, comprehensively taking into account the above circumstances in light of the defendant's age, sex, environment, motive and consequence of the crime, etc.

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