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(영문) 춘천지방법원 원주지원 2015.06.30 2015고단312

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등

Text

Defendant shall be punished by a fine of KRW 5,000,000. If the Defendant fails to pay the said fine, 100.

Reasons

Punishment of the crime

On December 10, 2014, the Defendant was sentenced to a suspended sentence of 10 months in Seoul Southern District Court for defamation, and the judgment became final and conclusive on December 18, 2014.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media);

A. On August 6, 2014, the Defendant sent a text message stating that “I will not put the sexually indecent act into E’s sexual organ” as Defendant’s cell phone (D) to the victim C (the 120 C) who is a counselor of the 13:42 Masan Call Center’s text counseling service (the 34 years of age), and “I will not put the sexual organ in E. I will see the inner organ. I will be humd from sexual indecent act by making my inner organ well and be humd from sexually indecent act,” and “I will be humd from being found guilty of a maumum.”

B. On August 6, 2014, at around 17:08, the Defendant sent text messages to the Victim F, a counseling service counselor of 120 Dacol Center (hereinafter referred to as “120 years of age”), with the Defendant’s mobile phone (G). This is because, the Defendant sent text messages to the Defendant’s mobile phone (G).

Accordingly, the Defendant sent to the victims a letter that may cause sexual humiliation or aversion through the communication media with the aim of meeting his sexual desire.

The defendant asserts that it was not the transmission of text messages to counselors of the Multicol Center to resist the punishment of indecent acts by compulsion, but it was not the transmission of text messages to satisfy sexual desire.

However, the text messages sent by the defendant contain sexual content, and the part of the defendant's body was referred to.

In addition, the Counseling Institute's counselor is not related to the criminal punishment against the defendant, and the letter messages sent by the defendant does not include any objection against the criminal punishment.

Therefore, the defendant satisfies his sexual desire.