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(영문) 수원지방법원 성남지원 2016.04.08 2015고단1864
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On April 20, 2015, the Defendant sent a resident registration number of the Defendant in order to identify the estimate of the motor vehicle insurance at the Defendant’s request at around 16:57 on April 20, 2015.

It sent two videos (one-time: one-time one-time one-time one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one

In order to meet the defendant's sexual desire, the media sent images that cause sexual humiliation and aversion to the victim through the communication media.

2. Comprehensively taking account of the evidence submitted by the Prosecutor by the complainants, the fact that the complainant sent video (one-time: one-time video; hereinafter “the video of this case”) sent from the Defendant’s personal phone at the time indicated in the facts charged is recognized as having been transmitted twice, but it is insufficient to acknowledge that there is no reasonable doubt that the Defendant intentionally sent the video of this case to the complainants with intent to arouse or satisfy his or another person’s sexual desire, and there is no other evidence to prove otherwise.

A. The Defendant alleged that the instant video was sent to the complainant in the course of transmitting the vehicle photograph and his resident registration number to the complainant via E, while recognizing that the instant video was stored in his/her smartphone, in order to find out the estimate of the vehicle insurance premium consistent from the initial investigation date to the present court, but the Defendant argued that the instant video was sent to the complainant by the manipulation room.

B. According to the response of F’s submission order of documents, in the case of the instant instant Messen, which was used in around April 2015, the video is automatically transmitted to the other party, even if the video is opened on the screen at the time of attaching the video, if the video is opened in a way that the video is opened on the screen at the time of attaching the video.

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