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(영문) 춘천지방법원 2018.09.18 2018고단658
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 28, 2018, at around 12:27, the Defendant sent the victim’s cell phone of Chuncheon B apartment house, and the Defendant’s house located under subparagraph C, using the victim’s cell phone name (E) with a view to meeting his/her own sexual desire, the Defendant sent the victim’s cell phone of 48 years old, “the photograph containing sexual intercourse with his/her known body,” by text, “the photograph containing sexual intercourse with his/her sexual intercourse,” and then sent the victim’s cell phone of 23 times in total from May 17, 2018, using the above name cell phone and public telephone of 23 times in total, as indicated in the list of crimes.

As a result, the Defendant reached the victim of sound, writing, picture, etc. that may cause sexual humiliation or aversion through communications media with a view to meeting his/her sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. On the ground that the Defendant sent to the victim letters, photographs, and sound as indicated in its reasoning by means of an influence relationship between his wife and his husband’s husband, the Defendant did not aim to satisfy his sexual desire.

The argument is asserted.

The right to sexual self-determination, the protection of general personal rights, and the establishment of sound sexual morals of society is to guarantee the right not to be exposed to pictures, etc. that cause sexual humiliation against the right to sexual self-determination.

The following circumstances acknowledged by evidence: (a) the victim is a man’s wife who was in an inhumanous relationship with the Defendant and has no direct friendly relationship with the Defendant; and (b) letters, photographs, and sounds transmitted by the Defendant are sexually expressed sexual comments, and are sexually expressed by the female victim.

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