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(영문) 서울남부지방법원 2019.01.23 2018고단4826
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

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 have the other party deliver words, sounds, letters, pictures, images, or other things that may cause a sense of 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.

1. On July 29, 2018, at around 22:08, the Defendant, at the Defendant’s residence located in Geumcheon-gu Seoul Metropolitan Government B building C, reproduced obscene images (tentatively referred to as “definite-dong”) stored in the Defendant’s computer by using the Defendant’s cell phone number display limitation function to the Defendant’s cell phone with the Defendant’s cell phone, and then broadcasted the Defendant’s obscenity for about 13 seconds to the victim.

As a result, the Defendant sent the victim the words or sounds that may cause sexual humiliation and aversion with a view to meeting his own sexual desire through telecommunication media.

2. On August 5, 2018, at the same place as Paragraph 1, around August 23:27, 2018, the Defendant reproduced obscene video (tentatively named clock) to the said victim D (the age of 26) in the same manner as Paragraph 1, and then sought about 39 seconds from the victim.

As a result, the Defendant sent words or sounds that may cause sexual humiliation and aversions to the victim with the aim of meeting his sexual desire through communication media.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and 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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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

1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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