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(영문) 창원지방법원 2018.01.09 2017고단3298
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
Text

Defendant shall be punished by a fine of 1.5 million won.

When the defendant does not pay the above fine, 10,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant was a person who had access to “D” adult Internet broadcasting, which the Victim C (Y, 25 years of age) was working as BJ, and was refused to request the Victim E to add a friendship.

1. From around 23:00 on May 16, 2017, the Defendant sent a photograph and writing to the victim with a view to inducing and meeting his/her sexual desire over 27 occasions as shown in the list of crimes in the attached Table 27, by using his/her smartphone E within the G convenience store located in 11:30 the next day in Gyeongnam Kim-si, Kim Jong-si, for the purpose of sending a photograph and a photograph to the victim’s smartphone E, i.e., wearing a gark, wearing a gark and carrying the gark in a e-mail within the G convenience store located in 11:30 on the following day.

2. No person who violates the Act on the Promotion of Utilization of Information and Communications Network and Information Protection, etc. shall allow any other person to reach another person repeatedly in the form of any code, language, image, or picture that arouses fear or apprehension through an information and communications network;

피고인은 전항의 일시 장소에서 피해자의 스마트 폰 메신저에 ‘ 수고 해요 지인들한테 퍼트려줄랑께 부산 사는 C 찡’ 이라는 메시지를 보낸 등 별지 범죄 일람표 (2) 와 같이 도합 19회에 걸쳐 공포심을 등을 유발하는 문언을 반복적으로 도달하게 하였다.

Summary of Evidence

The application of the law to the police's internal investigation report on the defendant's legal statement C

1. Relevant legal provisions of the relevant criminal facts and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Sexual Crimes, Article 74(1)3 and Article 44-7(1)3 (a) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc.) / Selection of fines;

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

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

4. Punishment of sexual assault crimes committed to order;

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