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(영문) 울산지방법원 2016.10.20 2016고단2449
성폭력범죄의처벌등에관한특례법위반(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

1. On March 4, 2016, at around 07:03, the Defendant committed the crime: (a) around the residence of the Defendant in Ulsan-gu, Ulsan-gu; (b) using a mobile phone-based mobile phone-based service, sent video conversations to the victim C (the age of 23) to the victim; and (c) taken a victim’s sexual organ by exposing his/her sexual organ to “it is necessary for his/her wife to cut back; and (d) taken a real-time image of his/her sexual organ to the victim and sent it to the victim.

2. Around May 27, 2016, the Defendant: (a) at the same place around 10:45 on May 27, 2016 and around 10:49 on the same day; (b) at the same method, the Defendant sent the victim a video call to the victim; and (c) at the same time, two times via the same method, the victim was exposed to his/her sexual organ, and the victim was exposed to and was

Accordingly, the Defendant reached the victim with images that may cause sexual humiliation or aversion over three times.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to photograph the video call upon;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, the selection of fines (in cases of the first offender with no criminal record, considering that the victim is male and the victim seems not to repeat the crime by specifying the victim);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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