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(영문) 광주지방법원 목포지원 2016.01.12 2015고단1165
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2015 Highest 1165"

1. No person who commits a crime relating to the B center shall have the other party reach the other party the images that may cause a sense of sexual humiliation or aversion through communications media with intent to arouse or satisfy his/her own sexual desire;

Nevertheless, at around 17:52 on December 20, 2014, the Defendant sent to the victim the images taken of the Defendant’s sexual organ by the aforementioned method 25 times in total from around the above day to May 29:12, 2015, by connecting the Defendant’s sexual organ to the 205 room of the Korea Information Service Promotion Agency B Center installed in the Defendant’s mobile phone, and transmitting the images taken of the Defendant’s sexual organ to the victim in the course of conducting relays and visual conversationss during the victim Edification.

"2015 Highest 1515"

2. No person who commits a crime involving the F Call Center shall have the other party reach the other party the images that may cause a sense of sexual humiliation or aversion through telecommunications media with intent to arouse or satisfy his/her sexual desire;

Nevertheless, at around 11:40 on July 14, 2015, the Defendant sent to the victim about 105-dong 504, H apartment units, the Defendant’s residence in Seongbuk-gu, Sungnam-si, with the Defendant’s cell phone, with the Defendant’s mobile app connected to the F Center mobile app provided by the F Call Center using the Defendant’s mobile phone, and with approximately 10 seconds of the Defendant’s sexual organ taken by the victim I and video counseling, and then sent the victim the images taken by the Defendant’s sexual organ taken by the Defendant at the same place on September 18, 2015 in the same manner as the victim J and video counseling at the same place.

Summary of Evidence

"2015 Highest 1165"

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. The K's statement;

1. Data for reporting damage;

1. The investigation report (in relation to the log of the Center), the investigation report (in relation to the damaged photographs), and the investigation report (in January 15, 190, the volume connected to the victim.

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