성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
The defendant's appeal is dismissed.
1. Examining the gist of the grounds for appeal, the relationship between the Defendant and the victim, the circumstance in which the Defendant sent the pertinent Kakao Stockholm message, etc., there was a purpose to satisfy his/her or another person’s sexual desire at the time the Defendant’s submission of evidence by the prosecutor alone, etc.
It is difficult to deem that such remarks constitute horses that cause sexual humiliation or aversion.
2. Determination
A. In full view of the evidence duly admitted and examined by the lower court, the Defendant sent the message as indicated in the facts charged at the time of the instant case at the time when considering the following circumstances:
It can be sufficiently recognized that the defendant has committed such an act with a view to inducing or satisfaction of sexual humiliations.
1) Until sending the pertinent Kakakao message, the Defendant and the victim met more than 3-4 times and more than 20 days ago. It is difficult to view that the Defendant and the victim had a friendly relationship with each other in terms of the content of the Kakakakao message sent and received between the Defendant and the victim. 2) Even if considering that the Defendant and the victim were time to seek a counter-sex relationship with each other, it is difficult to deem that the Defendant and the victim have reached a close relationship with the Defendant as an adult, the sexual content of the message sent by the Defendant appears to have reached a large proportion of the Defendant’s sexual content among the message sent to the victim. However, the victim’s response thereto seems to have some parts consistent with or corresponding to the Defendant’s horses, but in general, it seems that there was any inconvenience to the Defendant’s expression.
3 In particular, at the time when the defendant sent the Kakao Stockholm message at issue, the victim expressed that "the victim shows that the Kakao is sexually."
Rusmama
2.2