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(영문) 대전지방법원 논산지원 2015.03.27 2014고단535
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. On May 28, 2014, around 10:07, the Defendant sent 7 video images to the victim B (n, 39 years of age), along with the message “19 gold comprehensive university” to “the victim B (n, 39 years of age), using smartphone flusium at the one-time in the Yansan City, with the message “19 years of age,” and sent 7 links, such as Internet address C, etc., linked to which both men and women have sexual intercourse, so as to arouse or satisfy the sexual desire, the Defendant sent the victim a video that may cause sexual humiliation or aversion using a communication medium.

2. On June 10, 2014, the Defendant sent dynamic images using smartphone panscison Kakaooo to the victim’s sexual intercourses with both men and women, thereby inducing or satisfying sexual humiliations, and caused the victim to receive images that may cause sexual humiliation or aversion using a communication medium for the purpose of inducing or satisfying the sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement of the police statement concerning B;

1. Each description of a complaint, a photograph explanation, and the application of video-related Acts and subordinate statutes;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Specific Crimes (hereinafter “Sexual Crimes Punishment Act”) and the Selection of fines

2. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (or aggravation of concurrent crimes with punishment stipulated in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) as stated in paragraph (1) of the said Article with a more severe penalty);

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

4. Article 16 (2) of the Sexual Violence Punishment Act;

5. When a conviction on a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using a communication medium) in the judgment on the registration of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Sexual Violence Punishment Act, and is obligated to submit personal information to a related agency pursuant

6.

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