성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
The defendant and the victim B (the name of the defendant) are not known.
1. On March 31, 2019, the Defendant sent on the Internet “C” website “C” bulletin board, and on April 1, 2019, around 00:38, the Defendant sent to the Defendant a letter “Iskhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh
Accordingly, the defendant delivered to the victim a letter that causes sexual humiliation using communication media with a view to inducing or satisfying his or another person's sexual desire.
2. 피고인은 2019. 4. 22. 02:48경 인터넷 ‘C’ 사이트 ‘성소수자 게시판’에 피해자가 올린 ‘여기서 친구 만나고 싶단 애들, 아웃팅 안 무섭나 난 상주라서 그런지 더 사리고 사는데. 한 번 소문나면 인생 쫑나는 거잖아’라는 글을 보고, 2019. 4. 23. 15:31경 자신의 주거지인 상주시 D건물 E호 내에서 익명으로 ‘자지빨아드림’이라고 쪽지를 보냈다.
Accordingly, the defendant delivered to the victim a letter that causes sexual humiliation using communication media with a view to inducing or satisfying his or another person's sexual desire.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement related to B (tentative name);
1. Application of the Acts and subordinate statutes for reporting internal investigation;
1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts (a point of obscenity using communications media);
1. Selection of an alternative fine for punishment;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Articles 70 (1) 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. According to the proviso of Article 42(1) of the Criminal Procedure Act, Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes where no personal information is registered and no duty to submit is available, Article 34(1) of the same Act is applicable.