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(영문) 의정부지방법원 2015.04.28 2014고단4188
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

피고인은 2014. 5. 9. 01:18경 구리시 C, 201호에 있는 피고인의 집에서 자신의 스마트폰에 설치된 카카오톡 어플리케이션을 통하여 피해자 D(여, 19세)에게 카카오톡 프로필 캡춰사진과 함께 ‘넌 이미 내 딸감이다 ㅋㅋ’, ‘옛날에 내가 자꾸 니 사진보고 딸쳐서 지운거아냐 ㅋ’라는 메시지를 전송하였다.

Accordingly, the Defendant sent a text that causes sexual humiliation to the victim through communication media for the purpose of fulfilling sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Police seizure records;

1. Written estimate;

1. Application of Acts and subordinate statutes to report internal accidents (fakao Stockholm contents)

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

1. The defendant's act of sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is not good, but the defendant expressed his will to the victim immediately during the course of the crime of this case. The defendant was selected by taking into account the circumstances such as the defendant's act without any particular history of criminal punishment, the defendant's act is divided into and against his mistake, the defendant's age is still young and thus the defendant's future should be considered. The defendant's age is determined by taking into account various circumstances, including the defendant's age, character and behavior, the process and motive leading to the crime of this case, and the circumstances before and after the crime, etc., and the sentencing conditions specified in the records and arguments of this case

Where a conviction against a defendant is finalized on a sex crime subject to registration of personal information, the defendant shall be punished for a sexual crime.

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