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(영문) 대전지방법원 서산지원 2017.10.13 2017고정191
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
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Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant was living together with the victim B (the family name, the female, the age of 34) and the Defendant from December 2015 to April 2016.

1. On February 11, 2017, the Defendant sent the images of sexual intercourse with the victim taken at the time of living with the victim using the cell phone of the Defendant, which was a communication medium, to arouse or satisfy his/her sexual desire at the time of his/her living with the victim in order to arouse or satisfy his/her own sexual desire at around 16:59, Feb. 11, 2017, thereby causing sexual humiliation or aversion to the victim.

2. On February 14, 2017, at around 10:47, the Defendant sent the message that “I wish to divide her will in mountain fry” using the cell phone of the Defendant, which is a communication medium, to arouse or satisfy his own sexual desire at the same place as indicated in paragraph 1, at around 10:47 on February 14, 2017, the Defendant sent the message that “I want to divide her will from mountain fry,” thereby causing the victim to feel sexual humiliation or aversion.

3. On February 16, 2017, around 12:41 on February 16, 2017, the Defendant sent the Defendant’s mobile phone, which is a communication medium, with a view to inducing or meeting his/her sexual desire at the same place as indicated in paragraph (1), and sent the Defendant’s message “compact one time for a long time,” thereby causing sexual humiliation or aversion to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to a report on results of the digital evidence analysis of victims' cell phones, the suspect mobile phone digital evidence analysis reply, the results report, and the investigation report (record 105 pages or below);

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

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Criminal Procedure Act of the Provisional Payment Order.

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