성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On May 2, 2017, the Defendant: (a) in the Defendant’s vehicle that operated a sloping area on May 2, 2017, using his mobile phone from the Defendant’s cell phone to the mobile phone of the victim D (influence, 25 years of age, 15 years of age).
2. Omissions, studs and studs (studs).
3. Goods issued in order to make the goods loaded off; and
4. A store with the same rice as one of its own rice.
5. Goods distribution system in order to run away; and
6. A return system in which such goods are placed;
7. The military service system in which he/she is placed in excess of the area.
8. 벗기고 핥아 줘( 요플레)
9. 너랑 오늘 해 보고 싶어( 해돋이) 10. 오빠 벌써 쌌어
(A. 11. He sent to E message a letter, stating that the country is called ‘satisfy' at his own seat.
Accordingly, the Defendant sent the text that causes sexual humiliation to the victim to the cellular phone for the purpose of inducing or satisfying his or another person's sexual desire.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police with regard to D;
1. Application of the Acts and subordinate statutes to photographs by cutting down the contents of e-mail between victims/victims;
1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act
1. The Defendant asserts that he may send beneficial letters, shots, etc. to people
It was shared and transmitted E message as stated in the facts charged of the instant case without any particular consideration to the attendance channel, and it is not sent for the purpose of inducing or meeting the victim's sexual desire.
2. Determination
A. The term “obscenity using a telecommunications medium” under Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes refers to the pictures, etc. causing sexual humiliation against the right to sexual self-determination.