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(영문) 제주지방법원 2020.11.11 2020고단1128
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of two 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 deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation 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, at around 00:34 on December 1, 2019, the Defendant sent to the Sightseeing, which is a smartphone display, to the Defendant’s dwelling located in Jeju-si B, a text written out by the victim C (the victim 23 years of age) to sell clothes. In order to satisfy his/her sexual desire, the Defendant used the Messen’s function to satisfy the victim’s sexual desire, and sent to the victim a message that causes sexual humiliation, such as “I can send a photograph with the Mesium’s clothes (whether it is possible to send a photograph with the Messen’s clothes),” and “I want to send a message that causes sexual humiliation, such as “I wish to receive the Mesium’s clothes.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of statutes on the statement of complaint, Messenism, and conversation

1. Relevant Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) and the selection of fines concerning criminal facts;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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

1. A variety of cases involving the Defendant’s age, occupation, family environment, social relationship, criminal record, risk of repeating a crime, anticipated benefit and preventive effect due to an order of disclosure and notification, and disadvantages and side effects therefrom, etc., under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1662, Nov. 26, 2019).

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