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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. On January 14, 2015, the Defendant: (a) taken the Defendant’s home located in Songpa-gu Seoul Metropolitan Government with his sexual organ in a mobile phone camera with an intent to satisfy his own sexual desire; and (b) sent such photograph to the victim by transmitting it to the victim D’s cell phone using the Defendant’s mobile text message.
2. Determination
A. Although the Defendant and the defense counsel’s assertion sent a sexual photograph to D as stated in the facts charged, this is merely a fact that the Defendant, while conducting a dumping, requested the other party to send a photograph by informing his phone number while informing him of his phone number and responded thereto. (B) Determination 1) The obscene act using the communications media punishing the other party under Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes should not cause sexual humiliation, such as images delivered to the other party, and the sender may be punished for “the purpose of inducing or meeting his/her or other person’s sexual desire.”
In addition, the issue of whether such purpose exists shall be separately determined by comprehensively taking into account various circumstances, such as the motive for sending video images, the situation before and after it, the relationship between the defendant and the victim, the motive and circumstance of the act, the method and manner of the act
2) According to the records, it is recognized that the Defendant sent the instant images of his sexual grammatics (hereinafter “the instant pictures”) that could cause a sense of sexual shame to the other party to D by mobile phone text messages.
However, at the time of sending the instant pictures only by the evidence submitted by the prosecutor, there was a purpose to induce or satisfy the Defendant’s sexual desire.
It is difficult to conclude otherwise, and there is no evidence to acknowledge this.
Rather, this Court.