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(영문) 부산지방법원 동부지원 2017.11.15 2017고단2173
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant and the victim B (24 tax, female) are between the two pages. The defendant, on May 8, 2017, using the words "E", "E" around 20:13 around May 20, 2017, using the words "M", "E", approaches the victim's conversations with the victim, and then send the victim's sexual photo to the victim through a fluoring screen with a view to inducing or satisfying his sexual desire around 17:07 on the following day.

The images that cause sexual humiliation have reached.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes concerning the report of investigation;

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

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

1. The crime of this case on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, is an unfavorable circumstance where: (a) sending obscene pictures; and (b) scarking women; and (c) the nature of the crime is not good; and (d) the victim seems to have caused considerable aversion and sense of shame.

However, there are favorable circumstances such as the fact that the defendant's charges are seriously against the defendant, and that the defendant is the first offender who has no record of criminal punishment.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set.

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