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(영문) 서울동부지방법원 2015.12.24 2015고단2788
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

1. On June 6, 2015, around 09:14, the Defendant: (a) marked the Defendant’s house located in Gwangjin-gu Seoul Special Metropolitan City B 102; (b) stamped the Defendant’s sexual picture using a mobile phone camera; and (c) sent the photograph to the mobile phone used by the Victim C (A, 19 years of age).

As a result, the Defendant sent to the victim a photograph that causes sexual humiliation or aversion through mobile phones with a view to inducing or satisfying his or another person's sexual desire.

2. 피고인은 같은 날 21:11경 위 피고인의 집에서, 휴대전화로 위 피해자의 휴대전화로 전화를 걸었으나 피해자가 전화를 받지 않자 피해자에게 “난데, 전화했드만, 고추만 보고 싶으면 전화해, 그래도 이쁘잖아”라는 내용의 음성메시지를 남겼다.

As a result, the Defendant reached the victim with the intent to arouse or satisfy his or another person's sexual desire, thereby causing sexual humiliation or aversion through mobile phones.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. An investigation report (in cases of attaching CDs stored after converting a suspect's remaining voice message into a file);

1. Notification of the results of each request for communications data;

1. Application of Acts and subordinate statutes to the Acts and subordinate statutes of gender, text and photograph;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of each fine under Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of each fine (in cases of defendants

1. Article 20 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Excluding Provisions on Liability Reduction and Exemption;

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

1. Articles 70 (1) 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. It shall be convicted of the facts stated in the judgment, which is a sex offense subject to registration, of personal information and obligation to submit personal information under Article 334(1) of the Criminal Procedure Act.

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