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Reasons
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(영문) 청주지방법원 2020.02.12 2019고단1011
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A. On December 4, 2018, at around 01:25 to 01:29, the Defendant visited “C” at an insular location, and sent the victim D’s sexual photo by cutting out his sexual picture to the victim and then transmitted the message “Nando-Patch.”

B. On December 7, 2018, the Defendant was at an insular place around 12:51 to 12:58.

In the same way, I sent the victim D (alias) a photograph of one's sexual image to the victim D along with the message of "the answer".

Accordingly, the Defendant reached the victim with words and images that may cause sexual humiliation or aversion using a cellular phone for the purpose of inducing or meeting his or her sexual desire throughout the preceding two times.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made by the police in relation to D;

1. Application of B-cape Acts and subordinate statutes;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The proviso to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes which shall not be registered and submitted with personal information (limited to a fine imposed on a defendant);

1. In light of Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, and place an employment restriction order, the effect of preventing recidivism is also possible only by taking sexual assault treatment courses against the Defendant, in light of the following: (a) proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; (b) proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; (c) proviso to Article 56(1); (d) Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); and

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