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(영문) 수원지방법원 안양지원 2018.12.14 2018고합117
강간등
Text

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

No person shall allow another person to deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual shame or aversion by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or another person's sexual desire.

Nevertheless, at around 01:43 on January 30, 2018, the Defendant sent DNA text messages to the victim C (hereinafter “the victim”) using mobile phones for the purpose of meeting his/her sexual desire at the Defendant’s house located in Ansan-si B apartment, and sent them to the victim C (hereinafter “I wish to have a good amount of money”) with a view to meeting his/her sexual desire, thereby causing sexual humiliation and aversion to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness C;

1. Statement made by the prosecutor of a part of the prosecution against C (tentative name);

1. Application of Acts and subordinate statutes of the content of internal investigation (D dialogues) and D dialogues;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

1. Article 70 (1) of the Criminal Act and the main sentence of 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. The proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) (amended by Act No. 15452, Mar. 13, 2018) (a special circumstance under which restriction on employment may not be imposed in light of the Defendant’s age, history, content and motive of the crime, method and consequence of the crime, risk of recidivism

[Determination]

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. Although the Defendant sent the victim a text message as stated in the facts constituting a crime, it is merely sending the victim with a so-called “dial-a-related partnership” to mean that he/she would have sexual intercourse with the victim.

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