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(영문) 울산지방법원 2017.01.12 2016고단3477

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant, who became aware of the contact point of the victim B (age 31) on the Internet blobb, had a mind to transmit the images of which the defendant's act of self-defense was done through the function of the mobile phone image.

1. On September 9, 2016, the Defendant, at the Defendant’s office located in Ulsan-gu, Ulsan-gu, by restricting the phone number display at the Defendant’s office, sent a video call to the victim, and had the victim take the video to have the victim do the act of self-defense. On the same day, at around 12:33, around 23:20 on the same day, the Defendant sent the video to the victim with the Defendant’s act of self-defense in the same manner twice.

As such, the Defendant sent to the victim images and sound that may cause sexual humiliation or aversions through mobile phones with intent to arouse or satisfy his or another person’s sexual desire.

2. On September 12, 2016, at around 13:19, at the same place as Paragraph 1, the Defendant sent the images of which the Defendant conducted self-defense to the victim in the same manner as Paragraph 1, and sent the images of which self-defense is conducted in the same manner as that of the same day to the victim.

As such, the Defendant sent to the victim images and sound that may cause sexual humiliation or aversions through mobile phones with intent to arouse or satisfy his or another person’s sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to report internal investigation (including attach photographs to victim mobile phones);

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant's ground for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order shall be the Internet.