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(영문) 서울동부지방법원 2020.03.05 2019고단2675
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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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 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.

1. Around 20:50 on August 10, 2019, the Defendant sent one Kakao-ray message to the victim D (V, 49 years old) using his/her cell phone device at his/her own dwelling in Seongdong-gu Seoul, Seongdong-gu and C.

2. On August 11, 2019, the Defendant sent Kakao Stockholm messages to the said victim using his/her mobile phone devices at the places indicated in the foregoing paragraph (1) at around 14:28.

Accordingly, the Defendant reached the victim with the intent to arouse or satisfy his or another person's sexual desire twice through a cellular phone for the purpose of causing or satisfying his or her sexual humiliation or aversion.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to CDs on video images sent by the suspect at the victim's cell phone Kakaothing room;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the Defendant’s liability for the crime of this case is not light in light of the background and content of the crime of this case, and that the Defendant did not receive any indictment from the victim, but the Defendant’s mistake is against the Defendant, recognizing all of the crimes of this case.

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