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A defendant shall be punished by imprisonment for four months.
To order the defendant to complete a sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
1. On August 5, 2017, the Defendant reached a obscene video file (tentatively referred to as “compied video”) that male and female sexual intercourses with the cell phone of the victim E (V, 52 years old) using smartphone application in the Gangwon-gun, the Defendant’s residence, around 21:28, the Defendant sent to the Defendant’s cell phone of the victim E (V, 52 years old).
2. On August 6, 2017, at around 05:56, the Defendant reached the URL address linked to obscene video files that male and female sexual intercourses with obscene video files using the same cell phone of the victimized person in the same manner as at the place described in paragraph (1).
3. On August 13, 2017, at around 17:52, the Defendant reached the URL address linked to obscene video files that male and female sexual intercourses with obscene video files using the same method as the victim’s cell phone in the same manner at the places described in paragraph (1).
As a result, the Defendant reached three times the images, etc. that may cause sexual humiliation or aversion to the victim through telephone with a view to inducing or satisfying his or another person's sexual desire.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes to a criminal investigation report (the attachment of images and photographs transmitted to the victim), investigation report (the attachment of images connected to the address of URL address);
1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for 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. The reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order was sentenced to a fine of three million won for the same crime committed against the victim on August 29, 2017, and the defendant threatened the victim for the purpose of cancelling the complaint of the same kind of case [the crime of intimidation, etc. on the Aggravated Punishment, etc. of Specific Crimes], which was sentenced to a suspended sentence of two years on December 8, 2017, is continuing to be tried under the Seoul High Court (Chuncheon High Court) 2017No 188 as of December 8, 2017.
In this case.