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(영문) 청주지방법원 2017.09.27 2017고단1031
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of 1.5 million won.

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

No person shall deliver to the other party any words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation 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.

Nevertheless, between February 28, 2017 and around 02:34, the Defendant: (a) using the Defendant’s smartphone (C) within 219, the Cheongju-gu building B from 02:21 to 02:34, the Defendant, using the Defendant’s smartphone (C) in order to sell the Defendant’s clothes (Br, 19) posted in the Defendant’s smartphone (C) for trading used goods in used goods; and (b) using the E Frop rink, the Defendant, using the E Frop rink, “cons and 70D.”

I sent the word "" and express my will to purchase it, and I am hyd as soon as possible to the victim.

. . . . .... ’Really low-living and good-quality .

I sent the word "I wish to do so" with a large amount of chests.

In order to satisfy one's own sexual desire, I sent a text that may cause sexual humiliation or aversion through telephone to the victim.

Summary of Evidence

Application of the provisions of the Police Statement-Related Acts and subordinate statutes to the defendant's legal statement D

1. Relevant legal provisions concerning criminal facts, Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, and Selection of fines (see, e.g., Supreme Court Decision 2006

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

4. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

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