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(영문) 서울남부지방법원 2018.05.16 2018고단29

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) Defendant is entitled to engage in § 14 (a) in the victim D (n, e.g., age 14) known through C dialogue from around 21:40 on October 11, 2017 to October 22:12, 2017;

남친이랑 섹스 했다면서, 남친이랑 섹스 잘해 봐, 화 이 팅, 섹스해서 애기 엄마 고고, 섹스 안할 꺼면 남친 이랑 왜 사귐” 등의 메시지를 스마트 폰 C 대화 창에 전송하였다.

As a result, the Defendant sent to the other party letters that may cause sexual humiliation or aversion through telephone or other communication media with a view to inducing or satisfying his or another person's sexual desire.

2. From October 12, 2017 to December 23:13, 2017, to December 23:52, 2017, the Defendant: (a) sent the victim and his male-gu E to the conversation; and (b) then sent the victim’s “D, where the school is, and where the school is, the school; (c) taken the DNA photograph; and (d) taken the photograph of Nice-friendly photograph, and then copied the Internet; and (d) made a thickness in which Nine NAs are hedging by finding out how the school is located;

Neina

The back of Nice Women's Mag-gu shall be investigated and killed at night.

The message that arouses the fear of “,” etc. was transmitted to smartphone phone C dialogue and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to report internal investigation (related to the contents of C’s message), investigation report (the content of which a person under consideration threatened C’s mail)

1. Relevant legal provisions concerning criminal facts, and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment of Sexual Crimes (obscenity using communications media and selection of fines) and Article 283 (1) of the Criminal Act (the point of intimidation and selection of fines);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Program.