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(영문) 수원지방법원 평택지원 2018.11.23 2018고정74
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

No person shall allow another person to deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual shame or aversion by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or another person's sexual desire.

그럼에도 불구하고 피고인은 2017. 6. 14. 23:40 경 충남 예산군 B에 있는 ‘C 클럽 ’에서 피해자 D( 여, 22세) 와 온라인 게임을 하다가 게임 채팅 창을 통해 피해자에게 “E, E만 주네, E 맛 있노, E 냠냠, E” 이라는 글을 전송하였다.

As a result, the Defendant sent to the victim a letter that may cause sexual humiliation or aversion through the communication media with a view to inducing or satisfying a human sexual desire.

Summary of Evidence

1. The protocol concerning the examination of suspect with respect to F of the defendant's legal statement;

1. The following circumstances acknowledged by the evidence duly adopted and examined by the court, namely, ① only other team members using the ID called “E” in the online game of this case and the Defendant did not support the Defendant-friendly appearance F. ② The Defendant sent the victim’s writing, including the contents describing an act of promptly brooming a man’s lebling with a man’s lebling, and the Defendant sent the text written in the holding that the damaged person’s lebry made of a woman’s lebry by using the above ID, ③ the Defendant and F sent the victim’s sexual speech in the police investigation; ③ The Defendant and F sent the victim’s sexual humiliation at the police investigation. In full view of the following circumstances: (a) the victim did not support only another team members using the same as “E” in the instant online game of this case; and (b) the Defendant sent the victim’s sexual humiliation or aversion with the intent to arouse or satisfy his sexual humiliation.

Since it is judged, the defendant and his defense counsel who denies it shall not be accepted.

The application of legislation;

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