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(영문) 서울남부지방법원 2020.04.22 2020고단258
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant is a person who uses the framework of “C” and “D” in B’s game.

No person shall have the other party deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual shame 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.

Nevertheless, at around 01:00 on April 15, 2019, the Defendant saw that, at the Defendant’s residence in Guro-gu Seoul E and F, the victim H (the age of 19) using “G” as a string of B games at the Defendant’s house (the age of 19), the Defendant saw that the Defendant “a person who salp and salp, salp, salp and salp, salp, and salp, has kept clean and good G in a clean and good manner.”

Accordingly, the Defendant sent to the victim a letter that may cause sexual humiliation or aversion with the intent to arouse or satisfy his or another person's sexual desire.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement of H;

1. A report on internal investigation (the result of execution of a warrant for search and inspection of search (2019-1175) and report on internal investigation (the result of an accesspe inquiry) (the defendant recognized the facts charged, while the defendant expresses "the defendant himself/herself" using the victim's clinic knowing that the victim is male, using the victim's clinic while recognizing the facts charged.

) He asserts that he did not intend to satisfy his sexual desire, or that he did not have any intent to give sexual humiliation to the victim. However, sexual humiliations include not only the desire for sexual conduct or sexual intercourse directly intended or premised, but also the desire to obtain his psychological satisfaction by giving sexual humiliation to the other party, such as sexual humiliation, sexual harassment, etc. (Supreme Court Decision 9 September 13, 2018).

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