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(영문) 수원지방법원 안산지원 2017.11.01 2017고단2766

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In order to satisfy one's own sexual desire, the Defendant had a mind to transmit letters that may cause sexual humiliation or aversion to the victim B to the cellular phone of the victim.

1. On September 12, 2017, the Defendant sent a text message to the victim’s cell phone using his own mobile phone on September 12, 2017, stating that “I would like to make it known that I would like to put the victim into the victim’s cell, so long as I have come to be satise and satise at the time when they became satisfy in the greenhouse of the previous old day. I would like to make it known.”

2. 2017. 9. 13. 범행 피고인은 2017. 9. 13. 18:21 경 자신의 휴대전화를 이용하여 피해자의 휴대전화로 ‘ 정자나무 밑에서 젖꼭지 만지고 바지 단추 열고 손 넣으니까 털도 안 나서 비닐하우스로 데리고 가는데 왜 데리고 가는지 몰랐나

잠바 벗어 깔아 놓으니까 팬티 벗고 누워서 네 보지 다 쏙 집어넣고 쳐 대니까 좆 물이 나 올려 고 해서 쏙 빼서 쌌는데 네 팬티에다 쌌더라.

그때 네 보지에다 싸면 임신 생각이 나서 쏙 빼고 쌌지 너 시집 몇 번 갔었냐

H. Alongly, the text message was sent to the following: (a) a subsequent statement was made; (b) a message was sent.

3. The Defendant committed the crime on September 14, 2017, using his/her mobile phone on September 14, 2017, deemed to have been dial-a-a-a-dial in a vinyl house, thereby locked from the victim’s mobile phone.

At that time, a text message was sent stating that he was aware of his hair.

Accordingly, the defendant reached the victim's words that cause sexual humiliation for the purpose of meeting his own sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to report internal accidents (related to attaching details of mobile phone messages);

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;