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(영문) 인천지방법원 부천지원 2017.07.19 2017고단1206
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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Defendant shall be punished by a fine of four million won.

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

Reasons

Punishment of the crime

No person shall allow the other party to have any writing or image that may cause a sense of sexual shame or aversion, through computers or other communications media, with intent to arouse or satisfy his/her own or the other person's sexual desire.

Nevertheless, the Defendant, around 13:53 on February 19, 2017, connected to the Internet “D” in the 508-dong 1401-dong 2, Kimpo-si, Kimpo-si, Kimpo-si, 508-dong 1401, and applied to the victim E (hereinafter referred to as “the victim”) for a C-dong additional defect, and got a video phone to the victim as a C video call function.

After the Defendant continuously exposed his sexual organ, the Defendant shows the form of self-defense, and makes a video call with the victim, and the victim completes the video call, and the victim "if mixed, it is better to do so."

‘C message’ was transmitted.

Accordingly, the Defendant sent to the victim images that may cause sexual humiliation or aversion using communications media with a view to meeting his/her sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment to evidential materials submitted by a victim);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) recognizes the Defendant’s mistake and reflects the fact that he/she will not repeat the crime.

There are many things.

The agreed amount shall be paid and agreed with the victim.

However, the victim was suffering from considerable mental shock and insult.

The defendant was punished by a fine of KRW 3 million for the same crime in 2013, but he again committed another crime.

The age, occupation, sex, family relationship, and family relationship of the defendant.

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