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(영문) 춘천지방법원 2021.01.26 2020고단1210
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Since the defendant is led to confession, he/she must make an additional statement on the same part as that of the evidence for reinforcement in the same way as “(see, e.g., the page of evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of the trial by the court.

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, the Defendant, at around 20:50 on June 25, 2020 (see, e.g., the 6th page of the evidence record), becomes aware of the mobile phone numbers of the victim D (bee 20 years of age) first viewed at the C University Library located in Busan Southern-gu, Busan-gu, and then sees that the Defendant’s cell phone number is less likely to cause the victim’s cell phone “(referring to the Defendant) partnership” with the victim’s cell phone using the Defendant’s cell phone.

(m) transmitted the word "(b)".

Accordingly, the Defendant sent to the victim a writing that may cause sexual humiliation or aversion through communication media with a view to meeting his/her sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes concerning the closure of the contents of text submitted by the victim;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Article 47(1) and Article 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders.

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