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(영문) 광주지방법원 목포지원 2016.10.28 2016고단1004
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On July 3, 2016, the Defendant sent a male sexual photo to a Handphone used by the victim D using his/her handphone in order to arouse or satisfy his/her own or another person’s sexual desire at the cMoel located in Yong-Namnam Cancer B, 07:37, which led the victim to feel sexual humiliation or aversion.

2. At around 08:54 on the same day, the Defendant sent the victim’s sexual photography to the victim in the foregoing manner, thereby causing sexual humiliation or aversion to the victim.

3. At around 12:52 on the same day, the Defendant sent to the victim a speech that may cause sexual humiliation or aversion by phoneing the victim with his hand-on at the above place and speaking “I want to drink once”.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of each statute to evidence photographs, obscene telephone recording CDs;

1. Article 13 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the Punishment of Sexual Crimes and Selection of Punishment Thereof;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. 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 an order to disclose or notify, the age, risk of recidivism, criminal records, the contents and motive of the crime, the method and motive of the crime, the consequences and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's disadvantage due to an order to disclose or notify, and the prevention of sexual crimes subject to registration which may be achieved therefrom;

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