성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
The judgment below
As of March 3, 2017 and March 6, 2017.
1. Although the text message sent by the defendant to B is unrelated to the whole context of a conversation, the court below acquitted the charged facts of this case, which is erroneous in the misapprehension of legal principles or erroneous in the judgment of the court below.
2. Determination
A. The summary of the facts charged in the instant case is that the Defendant was divorced on September 1, 2012 between B (the age of 38) and that of September 11, 2012.
No person shall allow another person to deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual shame or aversion by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or another person's sexual desire.
1) On March 3, 2017, around 16:08, the Defendant sent a text message stating “defect” to B’s mobile phone using his/her mobile phone to satisfy his/her own sexual desire in Seo-gu, Incheon, Seo-gu, and D. (2) around March 6, 2017, the Defendant sent a text message stating “A” using his/her mobile phone to satisfy his/her own sexual desire in Seo-gu, Incheon, Seo-gu, Incheon, and D, with a view to meeting his/her own sexual desire in March 6, 2017.
3) On April 12, 2017, the Defendant sent the instant text message to B’s cell phone using his/her cell phone to satisfy his/her own sexual desire under the Seo-gu Incheon Seo-gu Factory and D, Seo-gu, Incheon, with a view to meeting his/her own sexual desire. Accordingly, the Defendant sent a text that causes a sense of sexual shame to B with a view to meeting his/her own sexual desire. B. The Defendant sent a text that causes a sense of sexual humiliation to B with a view to meeting his/her own sexual desire. B. The instant legal doctrine and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”).
Article 13 shall cause or satisfy his own or another person's sexual desire.