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(영문) 부산지방법원 2016.12.21 2016고단5719

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

On May 29, 2016, at around 22:30, the Defendant sent to the victim a letter that causes a sense of sexual shame through a communication medium for the purpose of meeting his/her sexual desire, on the ground that: (a) he/she had been using five teams, including the victim E (21 years of age, in connection with computers in the Busan East-gu C; and (b) had been using a game under the “On-line Game E” column, the Defendant sent to the victim a letter that causes a sense of sexual humiliation through a communication medium for the purpose of meeting his/her sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A written petition;

1. The application of Acts and subordinate statutes to photographs of game hosting windows and investigation reports (suspects and currency);

1. Relevant Articles on criminal facts and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;

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 defendant and his defense counsel's assertion on the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act asserts that the defendant's sending of this article to the victim through a hosting hold in this case does not send such text messages to the defendant at the time, for the purpose of inducing or meeting his sexual desire. Thus, the defendant does not constitute a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity in communications media) which is

The crime of obscenity using a telecommunications media under the Act on the Punishment, etc. of Sexual Crimes shall be established when a person reaches another person by telephone, etc. for the purpose of inducing or meeting his/her or another person's sexual desire. As to whether the aforementioned purpose was committed, the age, occupation, etc. of the actor.