성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The Defendant became aware of the e-mail, etc. of the victim during the course of the victim B (n, 45 years of age) at the Korean Language Research Institute.
On August 10, 2017, the Defendant, using the Defendant’s e-mail (C) around August 10, 2017, wanting to talk with the e-mail (D) of the victim, “I wish to talk, I wish to talk, I wish to do so, I wish to do so.”
“......”, “I would like to give one kind of flag, breast, or flag........”
“ .......”
The defendant, including this, from around that time, is the same year.
8. Between 21.21. In the same manner, the victim’s e-mail, such as the victim’s list of crimes, sent a total of 72 times, and a total of 2 times the victim’s cellular phone.
As a result, the Defendant sent to the other party a letter that may cause a sense of sexual humiliation or aversion through telephone, computer, or other communication media with intent to arouse or satisfy his or another person's sexual desire.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Application of statutes governing e-mail and mobile phone text;
1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the crime;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of the Aggravated Punishment, the Defendant continued to transmit the text to the victim by e-mail and text several times in order to satisfy his/her sexual desire, and this seems to have a significant mental suffering suffered by the victim, and did not agree with the victim.
However, the defendant is against the confession of the crime of this case, and there is no particular criminal history except for the defendant who has been sentenced once to a fine due to the previous conviction, and the age, sex, environment of the defendant.