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(영문) 수원지방법원 성남지원 2018.07.13 2018고단175
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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Defendant shall be punished by a fine of KRW 2,000,000.

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.

Nevertheless, around September 18:19, 2017, the Defendant told the Defendant to call the Defendant’s cell phone with the Defendant’s cell phone in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Sungnam-gu, that “I want to use 69 years of age” and read “I want to use f9 years of age” and “I want to use frier 69 years of age” to use the victim’s cell phone around September 6, 2017, and read “I want to use frith, frith, frith, frith, frith, frith, frith, frith, frith, frith, frith, frith, frith, and that I want to use frith, frith, to use frith, by talking the victim on September 15, 2017.”

Accordingly, the Defendant reached the victim with a view to inducing or satisfying the sexual desire, which may cause sexual humiliation or aversion through the communication media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes on photographing cell phone details;

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

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the Defendant appears to have committed each of the instant crimes against a senior female who is a senior student, and that he/she did not seriously endeavor to recover from damage, etc., that is disadvantageous to the Defendant.

However, there is no history of punishment exceeding the fine.

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