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(영문) 대전지방법원공주지원 2020.10.06 2020고단321
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

No person shall allow another person to deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual shame or aversion by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or another person's sexual desire.

From February to March 2020, the Defendant sent one copy of the victim’s chest photograph and one copy of the sound photograph to C, who had been taken by the victim’s own chest photographs, etc. with the victim’s chest B (Woo, 38 years of age, intellectual disability 3 years of age) and the victim’s own chest photograph, etc., and on March 16, 2020, the Defendant sent one copy of the victim’s chest photograph and one copy of the sound photograph to C, who was the branchr, through the Kakaothox.

As a result, the Defendant reached C with the intent to arouse or satisfy his or another person's sexual desire, which causes sexual humiliation or aversion through a cellular phone, which is a communication medium.

Summary of Evidence

1. The application of the police interrogation protocol to the defendant's statement in relation to the defendant's legal statement to the victim's statement, the digital evidence analysis report on some of the statements contained in the police interrogation record and the digital evidence analysis report on the defendant's suspect's suspect's interrogation record, the Kakao Kakao Kao

1. Relevant legal provisions concerning facts constituting an offense and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) concerning the selection of punishment for a sexual crime;

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

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

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

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose and notify information, and an order to restrict employment, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 59-

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