logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.09.07 2018고단1825
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 8, 2018, at around 09:54, the Defendant sent video images of the sexual intercourse with the victim C (nive, 32 years of age) using a mobile phone, from that time to that of the victim’s cell phone from March 8, 2018, the Defendant sent video images of the sexual intercourse with the victim’s sexual intercourse with the victim’s cell phone from that time until 15:01 on the same day, as shown in the list of crimes in the attached Table, to the victim’s cell phone.

As a result, the Defendant sent to the victim letters and videos that may cause sexual humiliation or aversion through communications media 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 C;

1. Application of DNA text messages pictures, CD-related Acts and subordinate statutes;

1. Relevant Article 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) and 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. In full view of all the circumstances, including the details and methods of the instant crime, the relationship with the victim, the age, conduct, occupation, environment, previous conviction, and the risk of recidivism of the Defendant, the degree of disadvantage and anticipated side effects that the Defendant would suffer due to the employment restriction order, and the preventive effects of sexual crimes that may be achieved therefrom, there are special circumstances in which the Defendant would not significantly lower the risk of recidivism or restrict employment.

The reason for sentencing is that the Defendant repeats the video images, etc., where the sexual intercourses of both men and women are included on several occasions, to the victims who raise children alone as his wife.

arrow