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(영문) 인천지방법원 2013.09.09 2013고단4774
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The prosecution of this case is dismissed.

Reasons

Facts of prosecution

1. On March 19, 2013, the Defendant put his fingers in his house of Nam-gu Incheon Metropolitan City on March 19, 2013, with a view to inducing or satisfying his or another person’s sexual desire, and then put his fingers in the port, part of the video taken by the Defendant with the same sex with another male before that time.

On the other hand, the video of the dynamics that would have been lost were transmitted to the cell phone of the victim D (math, 22 years old) so that it could cause sexual humiliation and aversion to the victim.

2. The Defendant, at around April 22, 2013, sent two copies of the photograph taken by the Defendant by exposing his/her sexual organ to his/her mobile phone to the victim D’s cell phone, thereby causing sexual humiliation and aversion to the victim.

3. The Defendant, at around 23:00 on the same day as the above, sent two copies of the photograph taken by the Defendant by exposing his sexual organ to his mobile phone to the victim D’s cell phone, thereby causing sexual humiliation and aversion to the victim.

Judgment

Since the complainant revoked the complaint after the instant indictment was instituted, the instant indictment is dismissed in accordance with Articles 12 and 15 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) and Article 327 subparag. 5 of the Criminal Procedure Act.

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