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(영문) 대전지방법원 2015.07.03 2015고단1268
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

The defendant is a bus driver.

around September 2014, the Defendant became aware of the Victim C (V, 37 years of age) through the Internet hosting site and became aware of it several times, but the victim requested to liquidate the relationship while avoiding the Defendant from November 2014.

1. No person who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) shall have the other party reach the other party any words, sounds, letters, pictures, images, or articles that may cause a sense of sexual shame or aversion by telephone, mail, computer or other communications media with intent to arouse or satisfy his/her or the other party's sexual desire;

A. On December 16, 2014, at around 16:02, the Defendant sent a victim’s photographic file, which was kept in the Defendant’s cell phone at the Defendant’s residence located in Daejeon-gu, Daejeon-gu, to the victim’s cell phone. At around 13:03, the same photograph was transmitted to the victim’s cell phone on December 24, 201.

B. On January 4, 2015, around 18:43, the Defendant sent the Defendant’s sexual picture files and text messages, “I will not duplicate. I will duplicate. I will duplicate. I will duplicate.” to the victim’s mobile phone.

Accordingly, the defendant sent images and comments that cause sexual humiliation to the victim through communication media with a view to inducing his/her sexual desire.

2. No person who violates the Act on Promotion of Information and Communications Network Bathing and Protection, etc. of Information and Communications Network Utilization and Information Protection shall repeatedly allow anyone to reach another person any code, language, sound, image, or picture that arouses fear or apprehension through an information and communications network;

Around December 13, 2014, the Defendant, at the same place, text messages to the effect that if the Defendant does not hear the demand of the victim, the husband of the victim would know the relationship between the Defendant and the victim.

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