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(영문) 수원지방법원 평택지원 2017.07.20 2016고단2877
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The defendant shall be innocent.

Reasons

1. No person prosecuted shall cause any words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation or aversion through telephone, mail, computer, or other communications media, with intent to arouse or satisfy his/her own or another person's sexual desire;

On December 16, 2016, at around 04:47, the Defendant sent the Defendant’s message that “the Defendant is named the victim’s real name while having given and received obscene conversations with the Defendant’s workplace in the “E” group held in the first place in the conversation between the Defendant and four employees.”

Accordingly, the Defendant sent comments that cause sexual humiliation to the victim for the purpose of meeting sexual desire.

2. According to the evidence submitted by the Prosecutor, it is recognized that the Defendant sent the message as described in the facts charged to the group hosting room where the victim attended, as stated in the facts charged, and the victim posted the message at the above-mentioned hosting room, and that the Defendant could have sufficiently known the fact that the victim was in the above-mentioned holding room.

However, the victims were first placed in the above group hosting, and up to the previous year, the above hosting room was used exclusively by male employees, such as the defendant, etc., and the defendant had a new wall under the influence of drinking, and thereafter, he had been aware that the new wall was reported by female employees.

In view of the fact that excessively obscene conversation has been divided into male fellows, the victim raised an objection to the above-mentioned room, and the defendant raised a message to the effect that the defendant was able to immediately breathly, and the victim sent a message to the effect that he was unaware of the fact that the victim was in a group hosting, and the defendant posted a message to the effect that he was aware of the fact that the victim was in a group hosting.

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