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(영문) 대구지방법원 안동지원 2021.02.18 2020고단650
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall have the other party 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 the other person's sexual desire.

1. On August 6, 2019, the Defendant sent to the victim C a dial image containing a dial-a-a-mail, a male’s body, a male’s unknown body, a sex, a bals, and dial-a-a-mail, and a woman’s sexual organ, with a view to meeting his/her sexual desire at around 14:00, at the Defendant’s residence located in the permanent residence B of August 6, 2019.

2. On October 10, 2019, in the Defendant’s residence located in Permanent Residence B around 14:00 on October 10, 2019, the Defendant sent one of the video images containing the Defendant’s sexual desire to satisfy his/her own sexual desire to the victim via the Kakao Stockholm of mobile phones with a view to satisfying his/her sexual desire.

As a result, the Defendant sent to the victim images that may cause sexual humiliation or aversion through computers and other communication media with a view to inducing or satisfying his own sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. C/D investigation report on the police statement (the voluntary submission of suspect cell phoness and investigation on the deletion of Stockholm messages), digital evidence analysis response, digital evidence analysis report, investigation report ( female body photo stored in suspect's cell phone), photograph, investigation report (investigation of accompanying the CD storage of suspect digital sirens as a result of suspect's digital siren, CD, and application of the law;

1. The former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) regarding criminal facts under the relevant provision of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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