2013 Highest 2537 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

obscenity)

A

Kim Young-D Co., Ltd., Park Jong-chul (Trial)

September 11, 2013

The prosecution of this case is dismissed.

1. Summary of the facts charged in this case

No person shall cause any words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation 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.

Nevertheless, from May 19, 2013 to 02:50 on the same day, the Defendant visited the Defendant’s house of Daejeon Tae-gu B apartment 111-dong 805, Daejeon, by using “C” an Internet game, and experienced sexual humiliation, such as “E, 1, E, 1, E, 1-rol, B, and 1-dol, B, 111-dong 805, and 805,” and “E, 31-year old, E, E, B, E, 1-rol, B, E, F, F, P, 1-year 1, E, E, E, E, E, 1-year 1, E, E, E, E, 1-year 1, E, E, E, E, 1-year 1, E, E, E, E, 1-year 1, E, E, 1-year 1, E, and E-year 1.”

2. Determination

This is a crime falling under Article 12 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) and is a case to be prosecuted only upon a victim's complaint under Article 15 of the same Act. According to the written withdrawal of a complaint filed in the public trial record, the victim D can be acknowledged that he/she expressed his/her intent to revoke the defendant's complaint on September 4, 2013, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act. It is so decided as per Disposition.

Judges Kim Gung-sung