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(영문) 대구지방법원 2019.09.24 2019고단3642
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall have the other party reach the other party any words, sounds, letters, pictures, images, or other things that may cause sexual humiliation or aversion, through telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or the other person's sexual desire.

1. On February 26, 2019, around 19:38, the Defendant sent a sound that may cause sexual humiliation to the victim C (the age of 50) through telephone with a method of restricting the Defendant’s cell phone display of information using the Defendant’s cell phone at the Defendant’s residence located in Daegu Suwon-gu B, and caused the victim to have the sound that may cause a sense of sexual humiliation through telephone in order to satisfy his/her sexual desire by carrying out a telephone.

2. On March 5, 2019, at around 14:23, the Defendant reached the victim with a view to meeting his/her sexual desire by telephone for the purpose of meeting his/her own sexual desire in the same manner as described in paragraph (1).

3. On March 21, 2019, at around 18:33, the Defendant reached the victim with a view to meeting his/her sexual desire by telephone for the purpose of meeting his/her own sexual desire in the same manner as described in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Complaints, written statements by the police against C;

1. Application of Acts and subordinate statutes to a report of investigation (victims and specific telephone calls for the date and time of crime);

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. According to the proviso of Article 42(1) of the Criminal Procedure Act, Article 334(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in which no personal information is registered and no obligation to submit is available.

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