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(영문) 인천지방법원 부천지원 2018.08.22 2018고단1749
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

No person shall have the other party deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation or aversion by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or the other person's sexual desire, although they have not reached the other party:

1. On November 10 through December 12, 2017, when the Defendant was unable to know time from November 10 to December 11, 2017, the Defendant sent images and photographs that may cause sexual humiliation and aversion to the victim by transmitting the victim’s E account of male and female in the name of the Defendant (hereinafter “victim”) under the name of the Defendant for the purpose of meeting his/her sexual desire at an irregular place, and transmitting the video images in the form of being exposed to one another on the bed and going on the bed in the bed, with a view to meeting his/her sexual desire.

2. The Defendant, on November 26, 2017, using the E-mail called “F” in the same manner as the preceding paragraph, at a place where a place where it is unknown from around 03:11 to around 03:39 on November 26, 2017, to the victim who wishes to self-confiscate in the toilet.

A. A.I.L.C. 201

The transmission of obscene messages, such as “drawing memory,” led the victim to feel sexual humiliation and aversion.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes on investigation reports (the details of conversation with the suspect submitted by the victim), video CDs and photographic data submitted by the victim;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines 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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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

1. Reasons for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order.

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