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Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On August 16, 2018, the Defendant left a voice message stating "I ambling, ambling, leaving the victim's cell phone with the victim's cell phone located in Daegu Northern-gu B, Daegu-gu, and "I ambling, I ambling," and "I ambling, I ambling, I ambling, I ambling, I ambling," when I ambling the victim's cell phone with the victim's cell phone using the same public telephone on the same day at around 00:31 on the same day."
Accordingly, the defendant reached the victim with a view to meeting his own sexual desire twice in total, which causes a sense of sexual humiliation through telephone.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s petition;
1. Application of Acts and subordinate statutes to internal reports (to attachCCTV images);
1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines for Crimes;
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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant’s crime of this case, which led to the occurrence of considerable sexual humiliation and decentralization, appears to be disadvantageous to the victim.
However, there are no criminal records of the same sex offense against the defendant, only two times before and after fines for the violation of the Road Traffic Act, and the fact that the defendant is against the defendant shall be considered as favorable circumstances.
In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's motive and details of the crime in this case, and the age and sexual conduct of the defendant, shall be determined as per the disposition.
Disclosure and notification and employment restriction order shall be exempted from the defendant's age, occupation, risk of recidivism, motive for committing the crime of this case, method of committing the crime, seriousness of the crime, disclosure and notification.