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(영문) 대구지방법원 안동지원 2019.06.19 2019고단148

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

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. 2018. 10. 19.자 범행 피고인은 2018. 10. 19. 23:41경 영주시 B에 있는 C 숙소에서 피고인 휴대전화로 피해자 D(여, 53세)에게 전화를 걸어 “엄마 찌찌 먹고 싶어.”, “엄마 이뻐, 엄마 얼굴 이뻐.”, “노래 부를 때도 치마 입고 하던데, 엄마 다리 이쁘던데. 엄마 치마 입고 와, 미니스커트 입고 와.”, “엄마 빤스 봤다.”, “엄마 사랑해.”라고 음란한 말을 하였다.

Accordingly, the Defendant reached the victim with a view to inducing or satisfying his sexual desire, which may cause sexual humiliation or aversion through telephone, etc.

2. The Defendant, on October 28, 2018, sent the Defendant’s cell phone phone with the obscene word “Immmbling deemed to be a prine” to the Defendant’s cell phone at around October 28, 2018.

Accordingly, the Defendant sent to the victim a letter that may cause sexual humiliation or aversion through letters, etc. with a view to inducing or satisfying his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes to report internal investigation (the dispatch of suspected obscenity letters) and criminal investigation reports (to hear statements from victims);

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines for Crimes;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The exemption from disclosure orders and notification orders shall be the punishment of sexual crimes;