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(영문) 부산지방법원 2017.06.01 2017고단1894
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who uses the ID called “C” in B.

1. On September 28, 2016, 22:11, 201: (a) written comments on the posting of the Victim D’s B’s daily images on the fluences, “I wish to be fluentd rice, I wish to be fluent”, and (b) written comments on “I wish to be fluent rice, I wish to be fluent” through a communication medium for the purpose of meeting one’s sexual desire, thereby having the other party feel sexual humiliation or aversion.

2. On September 29, 2016, the author written comments on the victim B's propy photo page "I wish to drink", "I will see too much," and "I will look back to the other party" on the victim B's propy page, "I will come to the other party that may cause sexual humiliation or aversion through a communication medium for the purpose of meeting their own sexual desire."

3. On October 17, 2016, in a light of 21:17, a notice posted by the victim’s daily photograph on a bitch, “I wish to fluor a bitch bitch on a D-year face” and sent to the other party any writing that may cause a sense of sexual humiliation or aversion through a communication medium for the purpose of meeting his/her sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on a petition;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the crime;

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

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which has completed a sexual assault treatment program;

5. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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