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(영문) 서울동부지방법원 2018.04.05 2018고단318

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No person shall have the other party reach the other party any words or images that may cause a sense of sexual humiliation or aversion through the communications media with intent to arouse or satisfy his/her own sexual desire.

Nevertheless, on December 4, 2017, the Defendant sent to the victim B (hereinafter “C”) a video containing a form of sexual intercourse with the victim B (hereinafter “C”) at a place where the location of 20:01 on December 4, 2017 is unknown, one video containing a form of sexual intercourse with the female at around 20:03 on the same day, one video showing a dance with the female at home, and one video showing a form of sexual intercourse with the female at around 20:10 on the same day, so that the Defendant sent a video showing a sense of sexual humiliation and aversion to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on internal investigation reports (to attach obscenity images to the closures);

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

1. Selection of an alternative fine for punishment (such as the fact that the defendant is against his/her gender, the fact that the defendant has no same military force, and the defendant has no military force exceeding the fine);

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;