(영문) 서울동부지방법원 2020.04.23 2019고단4062

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(영문) 서울동부지방법원 2020.04.23 2019고단4062

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

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The defendant shall be innocent.

Reasons

1. On October 23, 2019, at around 13:15, the Defendant sent 13 copies of the facts charged to the victim C (n, 41 years of age) (hereinafter “Defendant”) who was at the place of business in Songpa-gu Seoul, a usual sense of view, using his mobile phone devices, three photographs taken of his sexual organ and three video images taken of his sexual organ on the face of his sexual intercourse with her sexual organ, and three video images taken of his sexual organ on the face of his gender.

As a result, the Defendant sent to the victim images that may cause sexual humiliation or aversion through telecommunications media with a view to inducing or satisfying his or another person's sexual desire.

2. The Defendant and the defense counsel’s assertion that the Defendant sent pictures and videos to the victim as stated in the facts charged, but the above pictures and videos were sent to another person, but they were sent to the victim by water. As such, the Defendant did not have any intention to commit the instant crime.

3. In full view of the following circumstances acknowledged by the record of judgment, the evidence alone presented by the prosecutor cannot be deemed as proven beyond reasonable doubt. A. As such, the instant facts charged is difficult to be proven beyond reasonable doubt.

At an investigative agency and this court, the Defendant stated that “The Defendant sent pictures and videos to D, who was able to do so, by hand, to the victim.”

B. In the process of transmitting a photograph and a motion picture to the victim, the Defendant sent the victim a message that “I do not see that I do not have the spirit.” The Defendant sent the victim a message that “I ambling long,” and immediately after the transmission of the above photograph and the motion picture, I am to the victim who sent the message that “I ambly sent I ambly,” and sent the message that “I ambly,” “I ambly,” “I ambly,” “I ambly,” “I ambly,” “I ambly,” “I am,” and “I am ambly, when I am am fixed at the upper end, I am am.” (

유사 판례

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