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Reasons
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(영문) 서울남부지방법원 2014.05.21 2014고단1293
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

1. On January 8, 2014, around 20:58, the Defendant, at the Defendant’s residence located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and 201(C), concealed the phone number display using the Defendant’s mobile phone at the Defendant’s mobile phone at the Defendant’s residence, and displayed the form of the Defendant’s sexual intercourse by posting a video call to the victim D (here, 22 years of age) who came to know while sending a part-time phone at around 2009.

Accordingly, the Defendant sent a sound and image that causes a sense of sexual humiliation to the victim through telephone with a view to meeting his own sexual desire.

2. On February 5, 2014, the Defendant, at around 00:36, around February 5, 2014, displayed the form of self-defense in the same manner as that of the above victim in the same place as indicated in paragraph (1).

Accordingly, the Defendant sent a sound and image that causes a sense of sexual humiliation to the victim through telephone with a view to meeting his own sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement of victims D;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment Thereof;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “The Criminal Procedure Act”) of the provisional payment order does not correspond to the nature of the crime in this case in light of the methods, contents, and relationship with the victim. However, the sentence shall be imposed as ordered in consideration of the following factors: (a) the defendant recognized his/her mistake and reflects the defendant; (b) the defendant has no record of criminal punishment; and (c) the defendant’s age, character and conduct, family environment,

A judgment of conviction shall be made on the criminal facts of a sex offense subject to registration.

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