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(영문) 서울북부지방법원 2018.07.06 2018고단1004
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is the second degree of intellectual disability and the victim C (28 tax, intellectual disability 3) and the victim C are the first step of the school.

1. On February 3, 2018, around 16:50 on February 3, 2018, the Defendant sent a text message to the Defendant, using the mobile phone (E) used by the victim for the purpose of meeting his/her sexual desire at the dwelling area located in Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, for the purpose of satisfying his/her own sexual desire. On February 3, 2018, the Defendant sent a text message to the Defendant, “C deemed G, and then sent a text message to the Defendant, “C G, which, on the same day, wishes to do so at the time of chest” at around 16:51.

Accordingly, the Defendant sent words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation or aversion through telephone, mail, computer, or other communication media for the purpose of meeting his/her sexual desire.

2. On February 12, 2018, the Defendant committed the crime at around 16:43, on February 12, 2018, in the place described in paragraph (1) around 16:43, Feb. 12, 2018, in the manner described above, “Ypp G and dial-a-a-a-art.

He sent a text message stating "on-to-day-to-day-to-day-to-day-to-day".

Accordingly, the Defendant sent words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation or aversion through telephone, mail, computer, or other communication media for the purpose of meeting his/her sexual desire.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Application of the statutes governing the content of text messages and photographs of text messages;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. Determination on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order

1. They may cause sexual humiliation; or

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