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(영문) 서울북부지방법원 2018.04.20 2018고정327
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

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.

On October 12, 2017, the Defendant sent a male sexual picture that may cause a sense of sexual humiliation or aversion to the victim C using the Defendant’s cell phone text message with a view to meeting his/her sexual desire at a scarcity 21:11.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Letters sent by the accused to the complainant;

1. Application of the Acts and subordinate statutes of recording that a criminal investigation report (Submission of suspect monetary records), investigation report (Comparison of actual monetary records stored on a suspect mobile phone with the phone records) and the telephone records submitted by the accused;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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

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