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(영문) 인천지방법원 2014.04.15 2014고정1057
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. On December 14, 2013, around 14:26, 2013, the Defendant sent out of the Yeonsu-gu Incheon Metropolitan City C Prize from the victim D (48 years of age, inn)’s mobile phone from the first floor to E, thereby allowing the victim to have a photograph causing sexual humiliation and aversion.

2. On October 30, 15:18 of the same year, at the above location, the victim’s sexual image taken out of his/her mobile phone reaches the victim by sending, manipulating, and transmitting it to F, so as to cause sexual humiliation and aversion;

3. On November 11, 17:31 of the same year, at the above location, the images of one’s sexual organ taken out to the victim’s cell phone are sent out to F, operated and transmitted so as to cause sexual humiliation and aversion; and

4. On April 17:36 of the same year, at the above location, the images of one’s sexual organ taken out of the victim’s cell phone are sent out to G, operated and transmitted so as to cause sexual humiliation and aversion to the victim;

5. On may November 15:13 of the same year, at the above location, the images of the victim’s cell phone were sent to H, operated, and transmitted to H, etc., so that they may cause sexual humiliation and aversion over five times in total.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A statement;

1. Application of Acts and subordinate statutes to photographs, records of seizure and the list of seizure;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The sentencing of Article 334(1) of the Criminal Procedure Act provides that the victim has reached the victim’s photograph over several occasions, but the victim has agreed to do so, the defendant’s age, character and conduct, and environment, and all the sentencing conditions stated in the argument of the case, including the defendant’s age, character and environment, should be taken into consideration.

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