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(영문) 창원지방법원 2016.06.09 2016고단852
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

From around March 2005 to March 2016, the Defendant leased a half- or underground part of the house under the management of the victim C victim D (V, 55 years old) of Changwon-si as his office and became aware of each other with the victim.

1. On February 21, 2016, at around 20:53, the Defendant sent video images to the victim’s cell phone using the Kakakao Stockholm Stockholm of the mobile phone (E) used by the Defendant, with a view to engaging in sexual intercourse with a foreigner’s gender off his/her clothes.

2. On February 21, 2016, the Defendant sent a dynamic image with the content that a female male and female male and female sexual intercourse in the victim’s cell phone off his/her clothes in the aforementioned manner at around 20:54.

3. On March 8, 2016, the Defendant sent a video image with the victim’s cell phone from which he/she engages in sexual intercourse with his/her female male and female sexual intercourse in his/her cell phone in the same manner as above.

4. 피고인은 2016. 3. 8. 09:31 경 위 장소에서 위와 같은 방법으로 피해자의 휴대전화에 ‘ 미인 contest!!!’ 라는 제목으로 음란 동영상 사이트 링크와 함께 여성의 음부 사진 영상을 전송하였다.

5. On March 8, 2016, the Defendant sent a video image with a view to having a foreigner’s gender off his/her clothes in the victim’s cell phone under the title of “psyching search site” at the victim’s cell phone in the foregoing manner at around 09:33, 2016.

Accordingly, the Defendant reached each of the images that may cause sexual humiliation or aversion through mobile phones with a view to inducing or satisfying his own sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written petition;

1. Application of each statute on photographs;

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

1. Selection of an alternative fine for punishment;

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

1. Punishment of sexual assault crimes committed to order;

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