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(영문) 춘천지방법원 2021.03.09 2020고단1342
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

Since the defendant is led to confession, he/she must make an additional statement on the same part as that of the evidence for reinforcement in the same way as “(see, e.g., the page of evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of trial by the court.

The defendant and the victim B (n, 61 years old) are known to neighboring residents for the last 25 years.

No person shall allow another person to 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 another person's sexual desire.

Nevertheless, the Defendant, at around 12:30 on May 26, 2020 (see, e.g., Disposition 2 of Document No. 2 of Document No. 19 of Document No. 2 of Document No. 2 of Document No. 1 of Document No. 2 of Document No. 1 of Document No. 2 of Document No. 2 of Document No. 2 of Document No. 2 of Document No. 2 of Document No. 2 of Document No. 2 of Document No. 1 of Document No. 2020), sent a video file to the victim with the content that he/she has sexual intercourse with the victim by using the Defendant’s portable phone No. 1 of Samsung G when he/she applied for Samsung T of Document No. 1 of Document No. 2 of Document No. 1 of Document No. 2 of Document No. 1 of Document No. 2 of Document No. 20

As a result, the Defendant reached two times in total the victim the pictures and videos that cause sexual humiliation or aversion through the communication media such as mobile phones with a view to inducing or satisfying his own sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Three copies of a damaged photograph;

1. Investigation report (verification of the results of restoration of digital sirens);

1.The application of the respective existing laws and regulations of subparagraphs 1 and 2 of this paragraph.

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