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(영문) 서울남부지방법원 2020.09.11 2020고단3503
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On April 13, 2020, between 11:14 and 23:30 on April 15, 2020, the Defendant sent text messages to the victim C (hereinafter “V”) using mobile phones for the purpose of inducing or meeting his or other people’s sexual desire in the parking lot for the building B of Gangseo-gu Seoul, Seoul, with the intent of inducing or satisfying his or other people’s sexual desire, and sent to the victim C (the age 22) the text messages to the effect that “I am included in the foot, the chest photograph, the chest photograph, and the bad condition of this is V on the chest, and the Defendant’s sexual photograph file.”

As a result, the Defendant sent words and videos that may cause sexual humiliation or aversion to the victim using mobile phones with a view to inducing or satisfying his or another person's sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Application of the photographic Acts and subordinate statutes to a damaged photograph or a conversation;

1. Relevant legal provisions concerning facts constituting an offense and 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 selection of punishment for a sexual crime;

1. Articles 70 (1) and 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;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, and restrict employment; the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1738, Jun. 2, 2020); the Defendant’s age, occupation, risk of recidivism; the motive, method, and method of the instant crime.

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