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(영문) 의정부지방법원 2019.11.28 2019고정1530
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

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

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

Reasons

Punishment of the crime

No person of "2019No one" shall have the other party deliver any 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 the other person's sexual desire.

Nevertheless, on June 10, 2019, from around 21:21 to 21:24, the Defendant: (a) taken a mobile phone (D) used by the victim C (the name of the victim) using a mobile phone (B) used by the Defendant at an insular location; and (b) sent the victim a scambling image with the Defendant’s hand, thereby sustaining his sexual organ.

Accordingly, the Defendant sent to the victim images that may cause sexual humiliation or aversion by telephone with a view to meeting his own sexual purpose.

At around 12:14 March 24, 2019, the Defendant sent the victim a face of her sexual organ and sexual organ from March 24, 2019 to March 26, 2019, using any phone number or leakage in the E building F of Gyeonggi-do, under the influence of alcohol, using a video call from the victim G (name, leisure) to the Defendant’s sexual organ and sexual organ in his/her hand, and transmitted the victim a face of her sexual organ and sexual organ to the victim three times, such as as the list of crimes, from March 24, 2019 to March 26, 2019.

In order to satisfy the sexual desire, the Defendant sent images that may cause sexual humiliation or aversion to the victim by using telephone, which is a communication medium, for the purpose of meeting the sexual desire.

Summary of Evidence

"2019 Highly 1530"

1. Defendant's legal statement;

1. The police statement of the victim C;

1. A complaint;

1. "2019, 1532" of the monetary records of victims;

1. Defendant's legal statement;

1. The statement of victim G;

1. Application of Acts and subordinate statutes to photographs (the list of cell phoness);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning criminal facts and the choice of punishment;

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