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(영문) 청주지방법원 2019.05.23 2019고단319
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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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

On December 14, 2018, the Defendant partially revised the date and time of the crime from around 01:44 to December 20, 2018, to the extent that does not impede the Defendant’s exercise of his/her right to defense.

Using the mobile phone text message function at the Defendant’s residence of the Cheongju-gu B apartment C, the Defendant sent the victim D’s mobile phone text message “I would want to drink”, “I would want to drink within the city,” “I would have been able to drink it,” “I would have been able to drink it in a more manner,” and “I would have been able to do so like the width. I would like to do so.”

Accordingly, the defendant, with a view to meeting the sexual desire, reached the victim with a view to causing sexual humiliations through communication media.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

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

1. Relevant Articles on criminal facts and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders, notification orders, and employment restriction orders; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the proviso to Article 56(1) of the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; thus, it is difficult to readily conclude that the Defendant has a risk of recidivism or recidivism of sexual assault since he/she has no record of punishment for sexual crimes; the Defendant’s Nab, home environment, social relationship, etc. appears to have the effect of recidivism solely taking part in the registration of

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