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(영문) 부산지방법원 서부지원 2019.02.15 2018고단1909
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant was between the victim B (n, 55 years of age) and the year.

1. On April 23, 2018, at around 01:54, the Defendant sent text messages to the victim’s cell phone using the Defendant’s cell phone to satisfy his/her sexual desire at the Defendant’s house located in the Busan Northern-gu, Busan, to the effect that he/she taken the victim’s chests into his/her cell phone, and that “the Defendant made the victim his/her cell phone operated with a smile of the smile under the smile.”

2. At around 02:53 of the same day, the Defendant sent text messages to the victim’s mobile phone using the Defendant’s mobile phone for the purpose of meeting his own sexual desire at the same place, stating that “the victim’s cell phone knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife is created,” and sent text messages of the same content to seven times in total on the same day.

As a result, the Defendant sent to the victim letters, pictures, etc. that may cause sexual humiliation or aversion through communications media with a view to meeting his/her sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A complaint;

1. Application of each text message output-making statute;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Selection of fines;

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

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. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant’s mistake is divided; (b) the same primary offender; and (c) the fact that there is no other criminal records other than the previous offense of a relatively minor different kind of fine since 1996.

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