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Reasons
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(영문) 제주지방법원 2018.04.06 2017고단2271
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

On December 27, 2016, at the residence of the defendant in Seocho-si B around December 14:27, 2016, the defendant used his/her mobile phone in the name of the defendant in the name of the defendant, and "I wish to report milch smile" as the mobile phone of the victim C.

From January 3, 2017 to January 17:28, 2017, “Around the time when the message was sent and sent,” the message and picture sent to the victim that may cause sexual humiliation or aversion through mobile phones with a total of 16 times with an intent to arouse or satisfy his or another person’s sexual desire, as indicated in the List of Offenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of photographs, such as obscene pictures transmitted to victim mobile phones);

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

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The method and frequency of committing the crime of sentencing under Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment; the content of the message and photograph transmitted by the defendant; the degree of shock that the victim suffered from each crime; the defendant has no record of being punished for the same crime; and the defendant has no record of being punished for the same crime; and other circumstances that conditions for sentencing, such as the defendant’s age, environment, and circumstances after the crime, shall be determined as ordered

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