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(영문) 대구지방법원 영덕지원 2017.04.26 2016고단277
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 26, 2016, at around 20:17, the Defendant sent a video phone to the victim E (hereinafter referred to as “D”) using a smartphone “D,” and displayed approximately 13 seconds of the Defendant’s sexual organ at his/her hand, thereby allowing the victim to feel sexual humiliation with a view to meeting the Defendant’s sexual desire.

Summary of Evidence

The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 13(1) and Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 69(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 13(1) of the Criminal Procedure Act concerning the Criminal Act applicable to the criminal facts applicable to each of the materials attached to the defendant's statutory statement E (tentatively named) by the police statement of the accused, a report on internal investigation (in the event the victim's statement is confirmed at the time of the victim's statement), a report on internal investigation (in the case of the suspected victim's identity), a report on internal investigation (in the case of the accused's identity), and a report on internal investigation (in the case of the victim's phone conversations with the victim's telephone) by the victim, it is not sufficient to view that the victim suffered mental humiliation by the victim.

The fact that the defendant was unable to receive a letter from the injured party, and even though the defendant was under the suspension of the execution of another crime, it is also disadvantageous to the crime of this case.

However, considering the favorable circumstances that the defendant recognized the crime of this case and is against the defendant, there is no same criminal record, and that the defendant's family members do treatment and supervision so that they do not repeat the crime of this case.

In addition, the defendant, such as receiving treatment for mental illness, is included in the present health condition of the defendant.

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