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(영문) 춘천지방법원 2014.09.02 2014고단612
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
Text

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

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. A report on each digital evidence analysis result;

1. Application of the Acts and subordinate statutes on photographs of the suspect extracted from the cell phone of the suspect, photographs of the victim, child pornography photographs, and caps of the video;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes (the point of obscenity using a communications medium, the choice of imprisonment), Article 283 (1) of the Criminal Act (the choice of imprisonment, the choice of imprisonment), Article 11 (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the selection of imprisonment, including the possession of obscene materials for the use of a child or juvenile),

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall be applicable;

1. Article 62 (1) of the Criminal Act (a person who has no record of criminal punishment until the suspension of execution, etc.);

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 62-2 of the Criminal Act, Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act - Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using a communication medium), and Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (obscenity possession): Non-establishment of the sentencing criteria [Scope of Recommendation] [Article 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity possession): The motive for committing a crime (excluding any person under special guard), the range of comparison between the offender and the recommended person who is vulnerable to the crime: April 2 and 3 (excluding any five types), and the scope of sentence compared to the offender who is vulnerable to the crime: April 2 and 3 (Pronouncement Decision]; the sentencing guidelines are not set; the crime for which the sentencing guidelines have not been set; and all the circumstances revealed in the oral proceedings of this case, the sentence shall be set as ordered within the lowest limit of the above recommended sentence. The crime of violating the Act on the Punishment, etc. of Sexual Crimes against Children and Juveniles against Sexual Abuse (obscenity use of Communication)

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