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(영문) 서울남부지방법원 2016.10.12 2016고단3451
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 12, 2016, from March 23:2, 2016 to March 18:24, 2016, the Defendant visited the victims to mobile phone C in the Defendant’s residence located in Guro-gu Seoul Metropolitan Government, colored the victims, sent a message to the victims, sent a female photograph with which their names could not be known, and let the victims believe that they were their relatives.

1. He/she shall not make any words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation or aversion by telephone, mail, computer, or other communications media, with intent to arouse or satisfy the victim's own sexual desire to commit a crime against the victim D, or any other person's sexual desire to commit it;

Nevertheless, at around 01:06 on March 13, 2016, the Defendant sent the victim D (name, f, 14 years old) a message to “sat,” “16 women’s sat,” and “here,” within the Defendant’s residence, and sent the victim a C image phone, thereby making the victim use the C image phone for self-defacing and reaching the victim’s sexual image.

2. He/she shall not have the other party reach the other party any words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation or aversion by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy a criminal committed against the victim E or the other person's sexual desire;

On March 16, 2016, at around 18:12, the Defendant sent the victim E (the 17-year old) a message to “satis” in the above way in the residence of the above Defendant, and sent the victim a C image phone, thereby allowing the victim to reach the victim with the images seen as the Defendant’s sexual intercourse.

3. Horse, sound, or other means of telephone, mail, computer, or other communications that may cause a sense of sexual humiliation or aversion with intent to arouse or satisfy the victim F himself/herself or any other person's sexual desire;

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