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(영문) 광주지방법원 목포지원 2014.05.20 2014고단265
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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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

1. On October 27, 2013, at around 21:58, the Defendant: (a) opened a video call from a toilet for the Defendant’s residence in Yong-Namnam District Budio 302 to the mobile phone of the victim C (n, 20 years of age) with the Defendant’s mobile phone; and (b) displayed the form of the Defendant’s self-defense against the victim.

2. On November 11, 2013, at around 18:46, the Defendant shown the form of self-defense of the Defendant against the victim at the places indicated in the foregoing paragraph (1).

3. On November 18, 2013, at around 20:15, the Defendant shown the form of self-defense of the Defendant against the victim at the places indicated in the foregoing paragraph (1).

4. On November 27, 2013, the Defendant shown the form of self-defense of the Defendant against the victim at the places indicated in the foregoing paragraph (1) at around 01:38.

As a result, the Defendant sent to the victim images that may cause sexual humiliation or aversion on four occasions using communication media with a view to meeting his/her sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. - photographs, - The application of the Acts and subordinate statutes of the currency records (in the face of 57 to 68 pages of investigation records).

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Where a judgment of conviction against a defendant on the crime of this case of the registration of personal information of this case under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information to the agency

Provided, That personal information shall not be disclosed in light of the fact that the defendant is the first offender.

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