logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.11.03 2016고단2936
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The defendant is not guilty. The summary of the judgment of innocence is publicly notified.

Reasons

On April 30, 2016, the Defendant, at his own house located in Gangdong-gu Seoul Metropolitan Government on April 19:20, sent e-mail accompanied by a photograph of male and female sexual intercourse to the e-mail address commonly used by employees of the Seongbuk-gu D apartment management office, including the victim C(49 years of age).

Accordingly, the Defendant sent the victim the pictures that cause a sense of sexual shame through the communication media with a view to inducing or satisfying his own sexual desire.

Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that “a person who sends another person any 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.” Thus, in order for the crime to be established, “the purpose of causing or satisfy his/her own or another person’s sexual desire” should be “the purpose of causing or meeting his/her pictures, images, etc., other than the intent to cause a sense of sexual shame or aversion.”

According to the records of this case, the defendant sent e-mail accompanied by pictures with gender and gender without different contents under the title "E" for the purpose of resisting that the relevant apartment was in bad morals while making search at an investigation agency and this court at the Internet site. The above e-mail account can be perused by all employees of the apartment management office. The above e-mail account can be jointly used. After checking the victim's apartment management office's attendance at work, the defendant submitted a written petition to the effect that "as he sent obscene pictures with fluorous words that interfere with the management office's business, he would be punished because he would interfere with the management office's business," and the above e-mail transmission process of this case is established.

arrow