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(영문) 춘천지방법원 강릉지원 2015.09.24 2015고단476
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
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

On July 17, 2014, the Defendant was sentenced to a suspended sentence of two years for six months of imprisonment with prison labor due to a violation of the Punishment of Violences, etc. Act (joint injury) in the Gangseo branch court of the Chuncheon District Court, and the said judgment became final and conclusive on the 25th of the same month

around 18:32, 18:33, and 18:35 on July 10, 2014, the Defendant sent the images to the victim for self-defense, i.e., committing an act of breaking the victim E (F) using the Defendant’s mother-friendly mobile phone (D) via the Defendant’s mother-child mobile phone (F) via the victim E (n.e., 20 years of age) three times in total.

As a result, the Defendant sent to the victim images that may cause sexual humiliation or aversion through communications media with a view to inducing or satisfying his or another person's sexual desire.

On June 16, 2014, at around 14:04, the Defendant 2015, sent the image call to the victim H (I) cell phone (I) in his/her mother’s house using his/her mobile phone (D) at his/her mother’s house, thereby putting his/her sexual organ into his/her hand and her scambling, and scambling it.

Accordingly, the defendant reached the victim with a view to inducing or meeting his sexual desire, which causes sexual humiliation or aversion through telephone.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and H;

1. Photographss by capturing a dynamic image;

1. Previous convictions: Application of criminal records and investigation reports (Attachment of suspended sentence) and Acts and subordinate statutes;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fine (Consideration of the Act on Special Cases concerning the Punishment, etc. of Violences, etc. which has become final and conclusive in a judgment) and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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