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(영문) 서울북부지방법원 2018.10.18 2018고정1206
성폭력범죄의처벌및피해자보호등에관한법률위반(통신매체이용음란)
Text

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

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

Reasons

Punishment of the crime

On October 29, 2017, the Defendant sent a female sexual picture to the victim B (the age of 56) (the age of 56) that could cause another person's sexual humiliation and sense of shame by cellular phone from 09:35 on October 29, 2017.

As a result, the Defendant sent pictures that cause sexual humiliation or aversion to the victim by using communication media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. The application of Acts and subordinate statutes to investigation reports (obscenity photographs sent by the victim);

1. The phrase “violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (obscenity using communications media)” in the indictment against the crime in question and on the punishment of the selective sexual crime is clearly corrected, in light of the time of the crime and the applicable crimes.

§ 13. Selection of fines

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. According to the proviso of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, in cases where a person subject to registration of personal information is sentenced to a fine for a crime under Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes who is not obliged to register and submit non-existence of personal information under Article 334(1) of the Criminal Procedure Act, he/she is excluded from a person subject to registration of personal information.

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