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(영문) 인천지방법원 2016.02.17 2015고합742
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

On April 11, 201, the facts constituting the cause of the treatment, custody and custody [criminal record] Defendant and the person applying for the treatment, custody and custody (hereinafter referred to as “Defendant”) were sentenced to a summary order of a fine of KRW 2 million at the Seoul Southern District Court as a crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) at the Seoul Southern District Court; on June 24, 2011, the Gwangju District Court issued a summary order of KRW 3 million as a crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) at the Gwangju District Court on April 18, 201; on April 18, 2014, the Incheon District Court issued a summary order of KRW 1 year of imprisonment with prison labor; and on April 26, 2014, after being sentenced to a suspended sentence of two years; and was issued a fine of KRW 100,000, etc. as of September 30, 2014.

[Criminal facts]

1. On July 4, 2015, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media), had the victim (hereinafter referred to as 12 years old) conduct a painting using Kakao Stockholm app in the name of “D” within the scope of C, 102 in the Gyeonggi-si Esc and 102.

The Defendant sent obscene video images, which women see with their gender as soon as possible, to the cellular phone of the victimized party, and then sent the victim a message for the victim’s “ 6............, the Defendant sent the victim the message for the change of the victim’s photograph (the sexually abbreviationd pictures of women).”

As a result, the Defendant sent the victim a video and text message that may cause sexual humiliation or aversion using mobile phones with a view to meeting his/her sexual desire.

2. On August 1, 2015, around 00:04, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), the victim △△△△△△ (the 16-year age), who was suffering from short half of the windows referred to in Article 101 of Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, the first floor of the same building, using cell phone camera functions with the Defendant’s possession, is a victim’s cell phone camera function.

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