성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media);
A. On October 26, 2015, the Defendant sent to the victim E (V, 15 years old) and cell phone conversations at the Defendant’s house located in Yangcheon-gu Seoul Metropolitan Government, and sent to the victim a letter “one minute in the self-contested body with his knowledge,” etc.
B. On October 31, 2015, the Defendant sent to the victim an F dialogue with the victim at the same place as before and after the victim’s mobile phone, and sent the victim’s writing, “On the other hand, the Defendant was off, off, and off, and off, she was off, and off, she was off, and off, as far as possible, she was off, from the panty.”
As a result, the Defendant sent to the other party letters that may cause sexual humiliation or aversion through telecommunication media with a view to inducing or satisfying his or another person's sexual desire.
2. Defendant 1-B, who violated the Act on the Protection of Children and Juveniles against Sexual Abuse (holding of obscene materials), was aware that the victim was a child or juvenile under the age of 15, and the victim was sent the body pictures taken by the victim on his/her own from the victim.
Accordingly, the defendant was aware that he was a child or juvenile pornography.
Summary of Evidence
1. Partial statement of the defendant;
1. Police seizure records;
1. Stenographic records;
1. The conversation between the victim and “G” (as to the crime No. 1 of the judgment of the Defendant and the defense counsel), the Defendant and the victim exchange obscene letters and videos with intent to arouse or satisfy their own or the other party’s sexual desire. As such, the Defendant and the other party have caused sexual humiliation or aversion to the victim due to the Defendant’s transmission.
I argue to the effect that it cannot be seen.
In other words, the defendant is aware of the following facts based on the evidence duly adopted and investigated by this Court.