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Reasons
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(영문) 서울동부지방법원 2018.10.12 2018고단256
절도등
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Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) was investigated by the victim’s report by the victim B on the charge of larceny, and the victim’s cell phone from around 17:37 on March 27, 2017, when communicating with the victim, was used to contact the victim, and the victim’s cell phone from around 17:37 on March 27, 2017.

In addition to sending the text message of “,” from around that time to May 4, 2017, the victim sent the text message to the victim 19 times in total as shown in [Attachment Table (1) to May 4, 2017.

As a result, the Defendant reached the victim with a view to inducing or satisfying his or another person's sexual desire, which may cause sexual humiliation or aversion through communications media.

2. When the Defendant violated the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc., received an investigation into the charge of larceny on April 5, 2017 from the victim’s report, the Defendant shall use a mobile phone from around 15:42 on April 5, 2017 to put the victim in an closed sick ward with him/her only three months of marriage.

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Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Statement made by the prosecutor with respect to B;

1. Contents of text messages, outputs of the C course contents, and outputs of each text message;

1. Application of each statute on filing of a complaint;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 74(1)3 and 44-7(1) of the Act on Promotion of Use of Information and Communications Network and Information Protection, Etc.

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