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(영문) 인천지방법원 부천지원 2017.09.20 2017고단1652
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall deliver to the other party words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation or aversion through telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or other person's sexual desire, however, he/she shall not allow the other party to deliver to the other party any words, sounds, pictures, images, or other things, using his/her mobile phone at the defendant's dwelling located in a dormitory located in Ansan B around June 7, 2016, for the purpose of meeting his/her sexual desire by using his/her cell phone from the defendant's dwelling in a dormitory located in Ansan B.

Accordingly, the Defendant sent to the victim images that may cause sexual humiliation or aversion through telephone, which is a communication medium, 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 against D;

1. Application of statutes, such as text messages, sexual photographys, etc.;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances for sentencing under Article 16(2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by a community service order or an order to attend a lecture and the conditions of sentencing recorded in the records, such as the defendant's age, occupation, sex, family relationship, and the circumstances before

- The Defendant took a bath to the victim with no errors for the purpose of meeting his sexual desire and preventing the victim, and transmitted a number of obscene photographs, such as the written judgment.

- The victim was suffering from a great fear, sexual humiliation, or insult, and was mentally shocked.

- did not request a letter to the injured party or agree with the injured party.

- The Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in 2012.

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