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(영문) 인천지방법원 2017.10.19 2017고단6145
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment for not less than two months.

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

Reasons

Punishment of the crime

On July 23, 2017, the Defendant sent obscenity images using a cell phone, which is a communication medium, for the purpose of meeting his/her sexual desire, while drinking alcohol in the Defendant’s residence in Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, and 2, and caused sexual humiliation or aversion to the victim C (nive, 17 years of age) by transmitting obscenity images that sexually sexually sexually sexually sexually sexually sexually sexually via D message using the cell phone.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the department related to the report of the case 112 case, photographs of victim DNA received data, victim and suspect's DNA message data, and photograph of suspect mobile phone messages;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) is not good in light of the fact that no agreement has been made with the victim and that the student still sent obscene videos to the victim, but has no record of previous sex crimes and has no record of past sex crimes and some favorable circumstances

1. Where a conviction on a sex crime subject to registration becomes final and conclusive, as stated in Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, a defendant is a person subject to registration of personal information, and the defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, motive of the crime of this case, method of crime, seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which can be achieved due to such order, and the protection effect of the victim.

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