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(영문) 수원지방법원 안산지원 2013.05.29 2013고단969
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
Text

Defendant shall be punished by imprisonment for one year and a fine of 2,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

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 through telephone, mail, computer or other communications media with intent to arouse or satisfy his/her or the other party's sexual desire;

Nevertheless, the Defendant:

A. A. Around 01:50 on April 7, 2013, at the Defendant’s house located D402 at the Defendant’s cell phone (E) located in the Defendant’s cell phone (E), the telegraphic body photographs of women, women’s negative images, etc. sent to F’s cell phone and sent to F’s cell phone.

B. On April 14, 2013, at the same place as the preceding paragraph, at around 19:30, the Defendant connected the Defendant’s mobile phone with a video call to the said F’s mobile phone, and the Defendant’s sexual device was attached thereto, and the video was sent to the Defendant’s own image by means of shade and below.

2. No person shall induce any child or youth to buy sex or solicit such child or youth to sell sex for the purpose of boosting sex of such child or youth;

Nevertheless, the Defendant, from April 14, 2013 to April 15, 2013, from around 19:53 to April 01:15, 2013, the Defendant, at the Defendant’s home located in Ansan-si, D 402, sent a phone call to F, who is a child or juvenile (“F”) from the Defendant’s cell phone to the Defendant’s mobile phone, and the Defendant refused this call. However, the Defendant continued to transmit the word “F” to the said F using the Defendant’s mobile phone Kakaox program, i.e., “F., as soon as possible, as soon as possible.”

Accordingly, the defendant recommended children and juveniles to sell sex.

3. No person shall possess any child or juvenile pornography in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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