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(영문) 대전지방법원 2021.02.04 2019고단3557
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

[criminal records] On August 27, 2020, the Defendant was sentenced to one year of imprisonment for fraud at the Daejeon District Court on September 4, 2020, and the judgment became final and conclusive on September 4, 2020.

[2] On April 14, 2019, the Defendant sent to the victim D (a) a Kakao Kao Stockholm message called “Semangy” to purchase C used in Daejeon or below Daejeon on April 14, 2019, a photograph of the male sexual organ taken by the victim for the purpose of inducing or meeting the victim’s sexual desire.

As a result, the defendant sent to the victim the images that cause sexual humiliation or aversion through mobile phones with a view to inducing or satisfying his or her sexual desire.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with respect to D;

1. A previous conviction on the Kakao Stockholm message petition sent by the victim on his/her cell phone: A criminal history inquiry report, and the prosecutor's reference materials (the judgment attached thereto and the list of related cases) on February 4, 2021 shall be applied;

1. Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 2020) regarding criminal facts and Article 37 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 202). However, Article 2 of the Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under the main sentence of Article 16(2) of the Act on Special Cases Concerning the Protection, etc. of Children and Juveniles from Sexual Abuse (Act No. 1622, Nov. 26, 2019); Article 56(1) of the Act on the Protection of Children and Juveniles from Sexual Abuse; Article 2 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15904, Dec. 11, 2018); Article 59-3(1) of the Welfare of the Disabled Persons Act is a bad for the defendant to feel sexual humiliation.

A victim due to the defendant's crime shall be adequate.

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