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(영문) 대전지방법원논산지원 2020.09.11 2020고단261
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant was aware of the cell phone number of the victim B (one, another, 24 years old) through the Facebook, but he is entirely aware of it.

No person shall allow another person to deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual shame or aversion by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or another person's sexual desire.

On March 23, 2020, the Defendant sent the victim’s mobile phone with the victim’s cell phone at around 23:31, 2020, a message stating “I wish to stick, I would like to do so, I would like to see, I would like to see, I would like to do so,” and transmitted the photograph of his sexual organ taken.

As a result, the Defendant sent comments, etc. that may cause sexual humiliation or aversion to the victim through communications media.

Summary of Evidence

1. Statement of the police concerning B's legal statement;

1. Application of the text messages and text messages to the Acts and subordinate statutes;

1. Relevant Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) and the choice of imprisonment with prison labor

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. If a conviction on a sex crime subject to registration and submission of personal information under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 59-3(1) of the Act on Welfare of Persons with Disabilities becomes final and conclusive, the Defendant is subject to personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment,

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