beta
(영문) 서울동부지방법원 2013.10.24 2013고합264

강간등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged was that the Defendant, on October 2012, came to know of the victim C (the 22 years of age) through the Hand-phone display method, and brought about the victim to the Republic of Korea, on February 2, 2013, by using the victim's mobile phone to take a video image of the victim, in order to ensure the victim's awareness of sexual intercourse with the victim, in order to ensure the victim's awareness of sexual intercourse with the police officer, the Defendant taken the fluor where the victim was rapidly in the Defendant's sexual organ, using the victim's cell phone, and then kept the victim's video by the speech that "the victim was immediately in the possession of the video."

In March 2013, after receiving a notice from the victim that the victim was able to become aware of the sexual desire of the defendant, the victim had been able to repeatedly talk with the victim by repeatedly sending his/her photograph by cutting off the text message of the Kakakakao and the video to the victim who had been able to talk with his/her family members and the surrounding people by taking advantage of the fact that the victim had been aware that the above video was made known to his/her family members and the surrounding people, and then unfolded the above video on the Internet.

No person violating the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection shall repeatedly send any codes, words, sound, image, or picture that arouses fear or apprehension to any other person through information and communications networks.

피고인은 2013. 3. 20. 12:58경 의정부시 D아파트 102동 2202호에 있는 피고인의 집에서, 피고인의 휴대전화를 이용하여 위 피해자의 휴대전화에 “어디갓엉 섹시C”라는 문자메시지와 피해자가 피고인의 성기를 빨고 있는 사진을 전송한 것을 비롯하여 그 때부터 2013. 5. 7.경까지 별지 범죄일람표와 같이 약 27회에 걸쳐 정보통신망을 통하여 공포심이나 불안감을 유발하는 문언, 화상 등을 반복적으로 피해자에게 도달하게 하였다.

(b).