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Reasons
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(영문) 서울남부지방법원 2018.06.22 2018고단1586
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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Defendant shall be punished by a fine of 1.5 million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

1. On October 8, 2017, at around 08:23, the Defendant sent obscene video images with a sexual intercourse with the victim F’s cell phone (G) E using E located in his/her mobile phone (D), with a view to inducing or satisfying his/her own or another person’s sexual desire at the residence of Gangseo-gu Seoul Metropolitan Government apartment B or C, and the Defendant’s dwelling.

2. On November 29, 2017, the Defendant transmitted obscene videos with the content of sexual intercourse in the same manner at the same place as in the same time and in the same manner at the same time.

3. On December 16, 2017, the Defendant transmitted obscene videos with the content of sexual intercourse in the same place as in the same manner and at the same time at the same time.

4. On February 23, 2018, the Defendant transmitted obscene video images with the content of sexual intercourse in the same manner at the same place as in the same time, at the same time.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. against 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 sentencing of the instant crime on the grounds of Article 334(1) of the Criminal Procedure Act is based on the number, contents, and frequency, etc. of the instant crime, and considering the physical and financial status of the Defendant, the fact that the Defendant reflects his gender, etc. In addition, the sentence identical to the order shall be imposed by taking into account all the factors of sentencing as indicated in the record, including the Defendant’s age, sex, environment, family relationship, circumstances after the commission of the crime, etc.

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