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Reasons
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(영문) 대구지방법원 2019.01.10 2018고단5282
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who has been in in the bad faith relationship with the husband C of the victim B (V, 52 years old) from January 2015 to May 2017.

1. On July 13, 2017, at around 19:53, the Defendant: (a) discovered the fact that the victim’s husband was unknown to the victim at the Defendant’s residence located in the Daegu Suwon-gu, Daegu-gu, the Defendant sent the victim’s mobile phone with the victim’s cell phone with the intent of giving the victim a photograph, etc., which sufficiently see that the victim and C had sexual intercourse with the victim by appearing, and that the victim had sexual intercourse with the victim by sending a photograph, etc., which could sufficiently be said to have been sexual intercourse with the victim, and continuously have sexual intercourse with the victim, and sent the victim’s cell phone with the victim’s intent to reduce sexual health.

2. At around 01:45 on November 12, 198 of the same year, the Defendant sent video images in the form where the Defendant and C are in the state of her body with the victim’s cell phone with the aforementioned intent and intent E.

3. At around 00:30 on December 11 of the same year, the Defendant transmitted video images of the same content as above 2 through E at the above place with the above intent.

Accordingly, the Defendant sent to the other party images that may cause a sense of sexual humiliation or aversion through other communication media for the purpose of inducing or meeting his or another person's sexual desire over three times in total.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. A statement supplementing the contents of the complaint and complaint;

1. Photographs sent by the suspect to the victim;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to photographs by cutting video images sent by a suspect to the victim);

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. thereof;

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

1. Article 62 (1) of the Criminal Act;

1. Social service criminal law.

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