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(영문) 인천지방법원 2013.08.14 2013고단2782

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2013 Highest 2782]

1. On March 9, 2013, around 13:06, the Defendant committed a crime against the victim C with a cell phone (F) in the name of Gyeonggi-si, Gyeonggi-si, 101 Dong 1702, which used the transmission number limitation function, and sent the victim C (the victim 22 years of age) and the video phone (the victim 22 years of age) with his/her sexual organ, and sent the video.

2. Crimes against victims G;

A. On March 20, 2013, from around 14:26 to 14:34 of the same day, the Defendant sent a video call from the cell phone of the victim G (the age of 17) who was a child or juvenile who was taking a school class to a high frequency E mobile phone (F) in the same place as referred to in the foregoing paragraph (1) to the limitation on the phone number display at a total of four times, thereby allowing the Defendant to go through the video phone of the victim G (the age of 17) to display his/her sexual organ.

B. On March 22, 2013, from around 13:54 to 13:57 of the same day, the Defendant, in the same manner as the above 2-A in the same place as the above 2-A in the same manner as the victim’s instant 2-A mobile phones from around 13:54, 2013, sent the victim’s cell phone of the victim G (n, 17 years old) with a video phone, thereby having the victim’s sexual organ installed, and

Accordingly, the Defendant sent to the other party images that may cause a sense of sexual humiliation or aversion by telephone with a view to inducing or satisfying his or other persons' sexual desire.

[2013 Highest 3242]

1. On January 23, 2013, at around 23:07, the Defendant: (a) used the transmission number limitation function to the Plaintiff’s cell phone (H) from 101 Dong 1702, the Defendant sent video conversations to the victim G (the age of 17) in a white-dried manner; and (b) sent the images of which the Defendant’s sexual organ was self-contributed by a finger to a white-dried hand.

2. On January 25, 2013, at the same place as above 16:56, the Defendant sent video conversations to the victim G in the same way at the same time as above 16:56, and sent video images to the Defendant’s sexual organ to a white-dried saculing fingers.

3. At around 12:50 on March 23, 2013, the Defendant, at the same place as above 1:50, paragraph 1, the Defendant borrowed from the Defendant’s mother E to the Defendant’s cell phone (F).