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(영문) 수원지방법원 안산지원 2014.09.12 2014고단1799
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

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.

From around 22:48 on May 25, 2014 to 02:25 on the following day, the Defendant sent to C, by means of a smartphone in the name of 91-15 Ansan-gu, Ansan-gu, Ansan-si, Annsan-si, the image of a man’s sexual origin, “brings, schlings or large years, Nado-S20, Nado-si, and milch-si,” and sent them to the victim, by transmitting to the victim the message that results in sexual intercourse between the two years, between the two years, the delivery of the arm’s length, the delivery of the arm’s length, the life and the view of the opening, the years used, the years used, the years of Matern, the years of the delivery of the Matern-si, the Stockholm-si, the back of the line, the years of the report, and the years of the report.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the statutes on the content of Kakao Stockholm dialogue data;

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

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

1. Article 16 (2) and (3) 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 of the provisional payment order;

1. The crime of this case is a case where the defendant sent a Kakao Stockholm message that causes a sense of sexual shame to the victim, and the defendant is not yet subject to recovery of damage to the victim, in light of the circumstances where the crime of this case is committed on the grounds of sentencing of Articles 47 and 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure and Notification of Personal Information, and the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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