성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On March 18, 2014, the Defendant sent a text message to the victim C (on March 18, 2014, using his handphones, 46 years of age)’s handphones at an insular place, stating “Calringing cuts” around 08:27, on March 18, 2014, around 11:33 of the same day, the Defendant sent a text message to the victim “Crings,” stating “Calrings cuts, e.b. e. e. c. strings,” on March 24, 2014; on March 16:16, 2014; and on the same day, around 16:39 of the same day, the Defendant sent a text message.
As a result, the Defendant sent words that may cause sexual humiliation or aversion to the victim using a Handphone, which is a communication medium, for the purpose of inducing or meeting his or another person's sexual desire.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes to Characters photographs;
1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment Thereof;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. The defendant and his defense counsel's assertion on the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order asserts that the defendant's sending of the text message of this case to the victim does not constitute a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity by means of communications), since the defendant's sending of the text message of this case to the victim at the time is true
The sexual humiliation or aversion shall be made through telephone, mail, computer or other means of communication with the intention to arouse or satisfy his own or another person's sexual desire.