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(영문) 수원지방법원 2019.06.27 2019고단1866
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

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

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

Reasons

Punishment of the crime

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, at around 17:59 on January 20, 2019, the Defendant sent text messages to the Defendant’s house located in the Btel No. Btel C, with the victim D (the age of 26) who was a former workplace, and text messages, using a mobile phone, and with the Defendant’s sexual organ taken by using a mobile phone, and with the Defendant’s sexual organ taken by the Defendant, “hump because of this,” which read “hump as such.”

As a result, the Defendant sent words, videos, etc. that may cause sexual humiliation or aversion to the other party by using communications media for the purpose of inducing or meeting his or other persons' sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on investigation (Attachment of photographs of damage);

1. Application of Acts and subordinate statutes to investigation reports (written reports on results of analysis of digital evidence);

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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

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

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