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(영문) 수원지방법원 안산지원 2016.10.28 2016고단3413
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Criminal facts

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.

The Defendant became aware of the victim B (the age of 17) in the online game, and became aware of the female mobile phone numbers.

On June 25, 2016, the Defendant: (a) around 23:47, at the Defendant’s residence located in Heunging City, set up a “restriction on the display of his cell phone number” with his cell phone; and (b) called the victim’s phone to the victim that “the Defendant saw that he would be able to drink, if he or she sees his or her [her [her [her [her [her [her] [her [her [her [her] [her [her [her] [her] [her] [her] [her] [her [her] [her] [her] [her] [her] [her] [her] [1] [1] [1] [1] [her] [1] [1] [1] [her] [1] [1] [1]]]]]]]] [

As a result, the defendant reached the victim's speech that causes sexual humiliation and aversion using a mobile phone, which is a communication medium.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes governing voice recording files;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines for Crimes;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (in the absence of recovery from damage even if the defendant was led to his/her occupation, considering the confession and reflectability of the defendant, the fact that the defendant is the first offender, etc.);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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

1. Protection of children or juveniles from disclosure or notification of personal information;

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