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(영문) 서울중앙지방법원 2014.10.31 2014고단5812

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a company member and is a victim D (n, 34 years of age).

On July 8, 2014, at around 20:44, the Defendant sent the video files containing only the face value of the motion picture “for sulfur by using the Kakaox message from the cell phone (G) in his/her use at the F point of the Gangnam-gu Seoul E-building 12th E-G life, to the victim’s cell phone (H).

Accordingly, the defendant sent a victim with dynamic image that causes sexual humiliation or aversion through telephone for the purpose of inducing or meeting his or another person's sexual desire.

Summary of Evidence

1. Statement of D police statement;

1. Written statements of D;

1. Kakakao Stockholm course-faccupe;

1. Investigation report (related to video files transmitted to the victim by a suspect);

1. Application of two photographs and one CD-related Act and subordinate statutes to a golf course;

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The Defendant asserts to the effect that the Defendant’s assertion regarding the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act is not a crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) since it is difficult to see that the instant video was a compilation of only a president, among the film contents classified by the Korea Media Rating Board, and cannot be deemed as a “obscenity” and it is difficult to deem that the victim had the intent to cause a sense of sexual humiliation.

Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity by means of communications media) shall be construed as sexual humiliation or sexual humiliation through telephone, mail, computer or other communications media with intent to arouse or satisfy his/her own or another person's sexual desire.