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Reasons
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(영문) 의정부지방법원 2014.12.16 2014고단3308
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On June 14, 2014, around 15:47, the Defendant: (a) used the Defendant’s home located in 102-dong C apartment 103, 102-dong 103; and (b) used the Defendant’s mobile phone (D) to use the Defendant’s mobile phone to use the F phone used by the Victim E (F, 39 years of age); and (c) transmitted a new voice that makes sexual acts, such as “h.h. (h).h.,” etc. annually.

Accordingly, the Defendant reached a sound that may cause sexual humiliation or aversion through the cellular phone of the mobile communication service, which is a communication medium, with a view to meeting his sexual desire.

2. On June 15, 2014, at around 23:29, the Defendant sent a new lusium, in the same manner, to the cell phone used by the said victim E (n, 39 years of age) with the same method.

Accordingly, the Defendant reached a sound that may cause sexual humiliation or aversion through the cellular phone of the mobile communication service, which is a communication medium, with a view to meeting his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A written petition;

1. A certificate of telephone content;

1. Application of Acts and subordinate statutes to replies to requests for investigation cooperation;

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

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

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

1. The Defendant’s act of sentencing reasons under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Ordering the Victim is not good enough to commit a crime.

However, the Defendant appears to have committed the instant crime by contingency, and the transmission act was committed twice, and the Defendant was the first offender who has no criminal power, and the Defendant led to the confession and reflect of the instant crime, etc., in consideration of the circumstances.

The age, character and conduct of the defendant, and the crime of this case.

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