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(영문) 의정부지방법원 2014.09.24 2014고단2834

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 2014, the Defendant: (a) provided with contact with the victim C (at 15 years of age) that he/she had become aware of through the friendly recommendation function of smartphone fluor Kakaox; (b) sent a copy of the victim’s upper half of his/her body photograph to the victim on May 2014; and (c) recorded the images of the victim’s body with the victim’s images exposed to the upper half of his/her body while making a video call with the Defendant.

At the end of May 2014, the Defendant sent text messages to the effect that he would transmit the victim’s body photographs and motion pictures without sending the victim’s photograph or motion pictures to receive a transmission of the victim’s body pictures or motion pictures by using those materials held by the victim’s body body body photo or motion pictures at the Defendant’s house No. D 304, Ansan-gu, Ansan-si, the end of May 2014. At the same time, the Defendant threatened the victim by transmitting text messages to the effect that he would be able to transmit the victim’s body pictures and motion pictures without sending the victim’s body pictures or motion pictures to the victim. At the same time, the Defendant received one copy of the photograph taken by the victim with the intent of meeting the Defendant’s sexual desire.

In addition, from June 7, 2014 to June 12:58, 2014, the Defendant used the victim’s body pictures and videos from around 20:41 to around 2:58, 2014 at the above Defendant’s home, and sent 5 text messages, “I am to the victim’s body pictures and videos,” “I am to see that I am to am able to open the victim’s body pictures and videos to the victim’s body pictures and videos without transmitting the victim’s motion pictures and videos to stimulate the victim’s sound.”