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(영문) 부산지방법원 2019.09.02 2019고단2727
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

From around 23:00 on June 8, 2019 to 09:00 on the following day, the Defendant sent a text message to the victim C (one, two, and forty-nine years of age) who became aware of at the same construction site in Busan Jung-gu, Busan, the Defendant called “I would like to talk. I would want to talk at the same time. I would want to do so,” and the Defendant expressed his intention to refuse to call, and then continued to read “I would want to do. I would want to do. I will you you will do. I would want to do. I would want to do so. I would want to do so.”

Accordingly, the Defendant sent words and comments that may cause sexual humiliation or aversion through communication media to the victim with a view to meeting sexual humiliations.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The details, etc. of text notes;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 13 of the relevant Act on Criminal Crimes and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines;

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

3. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed.

4. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order.

1. The scope of punishment by law: Fines of not less than 50,000 won but not more than 5 million won;

2. Not applying the sentencing criteria: The sentencing criteria are not yet prepared for offenses of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media);

3. The crime of this case by the sentence of sentence was committed by the Defendant, which caused the victim to feel a sense of sexual humiliation and writing, and the victim seems to have a pipe of considerable sexual humiliation and the destruction of the victim.

However, it is favorable for the defendant to recognize the facts charged and reflect it, and the defendant has no record of punishment for the same crime.

In addition, the character, occupation, environment, family relationship of the defendant, the motive, method, and result of the crime, after the crime is committed.

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