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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No person shall have the other party deliver 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.
The defendant is a person using 'C' from the Internet TV which is the Internet broadcaster.
피고인은 2014. 1. 2. 15:40경 구미시 D, 606호(E) 내에서 피해자 F이 운영하는 위 아프리카TV G에 피고인의 아이디로 접속하여 실시간 방송 채팅창에 "엉가♡에 내물건집어넣고싶다”, “좃질하고싶다”,“엉가 ♡에털 입우로 한가닥씩 뽑아주고싶다”라는 글을 게시하였다.
Accordingly, the Defendant sent to the victim a writing that may cause sexual humiliation or aversion through a computer with intent to arouse or satisfy his or another person's sexual desire.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Application of the statutes governing publication of the accused;
1. Article 13 of the relevant Act on Criminal Crimes and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines;
1. Articles 70 (1) 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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act, along with the background, content, degree of damage, and the degree of damage, consideration shall be given to the disadvantage of the victim, taking into account the circumstances favorable to the fact that there is no record of criminal punishment, and other circumstances, such as the defendant’s age, character, conduct, environment, etc. shall be determined as ordered.
Where a conviction becomes final and conclusive with respect to the above criminal facts which are sexual crimes of a defendant who shall submit personal information, the defendant shall be appointed as a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment,