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(영문) 광주지방법원 2020.11.18 2020고단3697
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person shall have the other party reach the other party any writing, picture, etc. that may cause a sense of sexual humiliation or aversion by telephone or other communications media with intent to arouse or satisfy his/her own or the other person's sexual desire.

Around 16:44 on March 1, 2020, the Defendant sent screen pictures showing gender to the victim B (V, 35 years of age) in her body form using the Defendant’s cell phone, and for the same year from that time:

3. From the 14:55 on September 19, 19: the transmission of videos, etc. consisting of sexual intercourses between men and women over a total of 12 times, such as the list of offenses, and transmitting letters, images, etc. that may cause sexual humiliation or aversion to the victim with the intent to satisfy his/her sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes 11 to a photograph of the victim submitted to the victim;

1. Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) and the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes concerning the Punishment of Sexual Crimes

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

1. The circumstances are that: (a) transmitting obscene videos, etc. to the victim on 12 occasions during the period of sentencing under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (No. 16622, Nov. 26, 2019), Article 56(1) main text of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 59-3(1) main text of the Act on Welfare of Disabled Persons, the victim seems to have suffered a considerable sense of sexual humiliation; (b) even though the victim requested that the victim be sent, the obscene videos, etc. appear to have been sent; and (c) the victim

However, it is against the defendant's confession, and it is the same kind of crime.

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