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(영문) 수원지방법원 안산지원 2014.10.29 2014고정1428
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

Criminal facts

The defendant's wife B and the victim C (V, the age of 54) are the body of the victim, and the defendant is the body of the victim.

On May 5, 2014, at around 09:43, the Defendant sent a message to the Defendant, “Akkaox,” a smartphone’s residence, which is a smartphone’s Kakaox, to the victim and the Defendant’s debt issues, the Defendant sent the message to the Defendant, “I am glue, glue, glue, glue, glue, glue, glue, glue, and glue glue B, glue glue glue, so that the Defendant sent the message to the other party,” and then sent the photograph to the Defendant’s sexual organ.

The Defendant continued to send the message that “I am in the phone, who is 10,000, who is 10,000 or more, and who is not interested.” The Defendant sent several obscene videos, and sent them to the victim a photograph and image that may cause sexual humiliation or aversion with the intent to satisfy the Defendant’s sexual desire.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written complaint filed by C;

1. Kakao a photograph by cutting down the Kakao message;

1. Application of the Kakao Stockholm messages sent and received by the victim to the victim;

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 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. In principle, in a case where a court declares the conviction of a fine against a defendant who committed a sexual crime as to whether he/she will impose an order to complete the program under Article 47 and Article 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempt from Disclosure and Notification of Personal Information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (which does not disclose personal information in consideration of the previous existence of the same, family relationship,

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