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(영문) 청주지방법원 충주지원 2013.05.29 2013고정88
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On November 24, 2012, at around 07:21, the Defendant sent a video phone (E) from the victim D (E) residing in Chungcheong City via his/her mobile phone (B) to the victim D (E) who was living in Chungcheong City, and led the victim to reach a sound and image that may cause sexual humiliation and aversion to the victim by driving out his/her sexual organ out of his/her panty and panty without any speech from the victim.

2. On the 26th of the same month, at around 08:51, the Defendant sent a video phone in the same manner as above 08:51, and sent a sound and image that may cause sexual humiliation and aversion to the victim by carrying out self-defacing, and by using a fladry and flag.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D police statement;

1. A complaint;

1. Application of obscenity statute

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc.;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

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