협박등
The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.
The grounds of appeal are examined.
1. Regarding the prosecutor's grounds for appeal
A. Examining the reasoning of the lower judgment in light of the relevant legal principles and records, the lower court, based on its stated reasoning, has a relation to each of the above intimidation in the facts charged of the instant case as a comprehensive crime.
In light of the relation of substantive concurrent crimes, there is a relation of substantive concurrent crimes.
It is reasonable to reverse the judgment of the first instance court that aggravated concurrent crimes, and to determine that only a single crime is established.
There is no error in the misapprehension of legal principles as to the number of crimes as alleged in the grounds of appeal.
B. Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) of the Act on the Punishment, etc. of Sexual Crimes provides that “A person who has the other party reach the other party with the intent to cause or satisfy his/her or the other party’s sexual desire,” by telephone, mail, computer, or other communications media, “a person who causes a sense of sexual humiliation or aversion” (hereinafter “a picture, etc.”) shall be punished.
The crime of obscenity using communications media under Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is to guarantee “the right not to contact pictures, etc. that cause a sense of sexual shame against an individual’s will against the right to sexual self-determination” and to protect the right to sexual self-determination, the protection of general personal rights, and the establishment of sound morals in society.
Whether “the purpose of inducing or meeting his/her or another person’s sexual desire” is to be determined reasonably in light of social norms by comprehensively taking account of various circumstances, such as the relationship between the Defendant and the victim, motive and background of the act, means and method of the act, details and mode of the act, nature and scope of the other party, etc. (see Supreme Court Decision 2016Do21389, Jun. 8, 2017). The term “sexual humiliation” is directly intended or premised on sexual conduct or sexual relation.