beta
(영문) 대구지방법원 2015.01.15 2014고단5276

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

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. On May 5, 2014, the Defendant sent a phone at around 02:36 around May 5, 2014, to the cell phone of the victim C (hereinafter “C”), who is the next time of the university, at around 02:36 around 02:36 at the residence located in Sinsan-si B and 306, that “I would like to see it promptly.”

Accordingly, the defendant reached the victim with a view to inducing or satisfying his sexual desire, which causes sexual humiliation or aversion through telephone.

2. On June 7, 2014, the Defendant, at around 11:37, on June 7, 2014, posted the victim’s cell phone using the same method at the same place, and took about about 20 seconds of female obscenity and video for about 20 seconds.

Accordingly, the defendant reached the victim with a view to inducing or satisfying his sexual desire, which causes sexual humiliation or aversion through telephone.

3. On July 15, 2014, around 15:58 on July 15, 2014, the Defendant: (a) posted a victim’s cell phone using the same method at the same place; (b) sent a victim’s cell phone; and (c) took about about 17 seconds of female obscenity images.

Accordingly, the defendant reached the victim with a view to inducing or satisfying his sexual desire, which causes sexual humiliation or aversion through telephone.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to report internal affairs (as to attachment of materials recording the contents of currency, analysis of suspect telephone details);

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

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

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 crime of this case where personal information is registered under Article 334(1) of the Criminal Procedure Act.