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(영문) 부산지방법원 2014.08.08 2014노1363
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
Text

The defendant's appeal is dismissed.

The judgment below

In the second page, the term "Seoul in April 2013" shall be "Seoul in April 2012".

Reasons

1. The judgment of the court below which found the defendant guilty of each of the facts charged of this case by misunderstanding the following facts.

On February 5, 2013, the Defendant did not assault the victim on February 5, 2013.

B. A violation of the Act on Special Cases Concerning the Punishment of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment of Sexual Crimes”) merely criticizes the victim’s behavior without any intent to arouse or satisfy his/her sexual desire, and only sent the victim a letter of text or internal mail, such as the list 1 attached to the judgment below.

C. The lower judgment, which sent the Defendant for violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, did not have fear or apprehension due to the text of attached Table 2.

2. Determination

A. According to the evidence duly adopted and examined by the court below, the victim stated that he/she committed an assault by the method of booming the victim from the investigative agency to the court of the court below on February 5, 2013, and on February 8, 2013, the defendant also made a statement to the effect that he/she committed an assault on the part of the victim at the time of his/her her blishment, etc. on or around February 5, 2013. In addition to the fact that there is no reasonable circumstance to suspect the credibility of the victim's statement, the court below's finding the defendant guilty of this part of the facts charged, and the defendant's assertion of such error is without merit.

B. We examine the violation of the Act on Special Cases Concerning the Punishment of Sexual Crimes, and according to the evidence duly adopted and investigated by the court below, the defendant can recognize the fact that the defendant sent the victim letters and intra-company mailers as shown in the annexed list 1 of the judgment below. The above letter messages and intra-company mailers, the motive and circumstance of sending them to the victim, the relationship between the defendant and the victim, the age and occupation of the defendant.

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