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(영문) 부산지방법원 동부지원 2013.11.20 2013고정1326
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On May 24, 2013, at around 12:30 on May 24, 2013, the Defendant stated that “B has taken his own sexual organ and transmitted it to a low cell phone,” and submitted it to a slope C belonging to the aforesaid police station, stating that “B has been sexually imprisoned and sent it to a low-time mobile phone.”

However, the fact was that B had not transmitted the photograph of his sexual organ to the Defendant’s cell phone, and rather, the Defendant sent text messages that cause a sense of sexual humiliation to B as above.

Accordingly, the defendant was arrested for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 156 of the Criminal Act applicable to the crimes;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is that the Defendant was living together with the victim B for about three years, and that the Defendant was faced with the Defendant on April 2013. Since then, the Defendant was not in contact with the Defendant, and the Defendant attempted to transmit the victim’s sexual photo taken before and after the Defendant’s towing with the cell phone around May 14:06 and around 23:31, 2013, while the Defendant intended to transmit the victim’s sexual photo taken before and after the Defendant’s towing with the cell phone, the Defendant was unable to transmit it to the wind that he misleads the receipt number due to alcohol.

이어서 피고인은 피해자에게 위 사진이 전송되었다고 생각하고 2013. 5. 24. 00:07경 휴대전화로 피해자에게 “니줏이좋아서시진으로남거난”(니 좆이 좋아서 사진으로 남겨놓음)이라는 내용의 문자메시지를 전송하였다.

Accordingly, the defendant has caused sexual humiliation or aversion to the victim by telephone with a view to inducing or satisfying his or another person's sexual desire.

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