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Reasons
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(영문) 서울중앙지방법원 2015.07.24 2015고단1733
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On November 27, 2014, from around 23:05 to 23:12 of the same day, the Defendant sent the images that may cause sexual humiliation or aversion to the victim C (the age 22) by posting a telephone over seven consecutive times on the part of the victim C (the age 22) by displaying the form of the Defendant’s self-defense act as a video call, thereby inducing or satisfying his/her or others’ sexual desire.

2. On November 28, 2014, from around 15:14 to 15:18 of the same day, the Defendant sent images that may cause a sense of sexual humiliation or aversion to the victim with a view to inducing or satisfying his/her own or others’ sexual desire by posting a phone twice consecutively to the victim D (the age of 22) through a restriction on the display of the phone at the above location, and showing the appearance of the Defendant’s self-defense in video currency.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Application of the Acts and subordinate statutes on photographics, caps by cutting down a course of a course and the telephone conversations;

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

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

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. The Defendant committed the instant crime against the victims who had been unaware of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, and the screen transmitted by the Defendant appears to have suffered significant damage because the victims could cause extreme sexual humiliation and aversion. The Defendant committed the same crime on October 6, 2014 while being investigated into the same crime on the part of the Defendant. However, the Defendant was found to have erred.

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