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(영문) 춘천지방법원 원주지원 2018.02.09 2017고정67

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Facts charged;

A. On July 18, 2016, the Defendant sent the victim B a mobile phone of the victim B (V, 19 years old), who is a student at the same school, with C’s cell phone at the same school, and sent approximately approximately 28:02 sexually related video of about 27 minutes at around 02:02.

As a result, the Defendant sent to the other party images that may cause sexual humiliation or aversion through communications media with a view to inducing or satisfying his or another person's sexual desire.

B. On July 18, 2016, the Defendant sent sexually related video images, such as paragraph (1), to the victim D (a student under the name, leisure, 17 years of age) who is the same school at an influence space around 02:04, and around that time, from around 02:4 to around 02:42, the Defendant sent sexually related video images, as described in paragraph (1).

해보고 싶어서 ㅋㅋ 넌 많이 해봤냐,

Correspondings

ㅋ 너랑 해보고 싶엇 어 그냥, 솔직히 너 생각하면서 딸도 만이 쳐 봤다, 진짜 미안한 데 ㅋ 가슴 사진이라도 한번 보여주면 안대냐

ㅋㅋㅋ 딸이나 치고 잘게 그럼, 아니면 진짜 한번 해 줘 ㅋ 내가 20만원 줄게, 솔직히 너가 해봤는지 안 해봤는지 모르겟지만 해봤으면 어차피해 본거고 ㅋ 안 해봤으면 어차피 해볼 거 아니야

ㅋ, 여자 애들은 좀 큰 거 좋아한다 메” 메시지를 보내고, 남성의 성기 사진을 전송하였다.

As a result, the Defendant sent to the other party images that may cause sexual humiliation or aversion through communications media with a view to inducing or satisfying his or another person's sexual desire.

2. Determination

A. The burden of proving the facts charged in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence with probative value sufficient for the judge to have the authenticity of the facts charged to the extent that there is no reasonable doubt, and such proof is not given.