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(영문) 부산지방법원 서부지원 2018.11.23 2018고정204
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

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

The defendant and the victim B (the age of 40) did not only apply to the motive of entering the C graduate school public policy department and doctoral degree courses in the latter half of 2016, but only dialogue with D daily contents.

On August 3, 2017, the Defendant: (a) around 23:03, the Defendant used a mobile phone D to the victim’s cell phone with the intent to satisfy his own sexual desire in the taxi located in Seo-gu, Busan, Seo-gu, Busan, Seo-gu; (b)

Doing now, we can drink, we can immediately go with, and we can see, what is.

“ .......”

Accordingly, the Defendant sent words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation or aversion through telephone, mail, computer, or other means of communication with intent to arouse or satisfy his/her own or another person's sexual desire.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. B written statements;

1. Determination as to the assertion of the Defendant and the defense counsel in the main text of DNA text output

1. The gist of the assertion was only a letter written in the facts charged to the purport that the Defendant, while under the influence of alcohol, expressed the victim’s reputation with his/her container, and seriously asked whether he/she wishes to have a sexual relationship with the Defendant.

Therefore, it is difficult to view the Defendant’s act as an act aimed at inducing or satisfying his or another person’s sexual desire, and it is difficult to view that the content of the above text itself causes a sense of sexual humiliation or aversion.

2. Determination

A. Whether “the purpose of inducing or meeting his/her or another person’s sexual desire” under Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is the relationship between the Defendant and the victim, the motive and background of the act, and the means of the act.

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