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(영문) 서울동부지방법원 2016.06.03 2016고단874
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On October 18, 2015, at around 01:23, the Defendant restricted the number of the phone number from the Defendant’s friendship C’s home located in Gwangjin-gu Seoul Special Metropolitan City by using a portable phone used by the Defendant, and sent video images to the victim D (the age of 20) by posting a video phone to the Defendant’s self-defense.

Accordingly, the Defendant sent to the victim images that may cause sexual humiliation or aversion through telephone with a view to inducing or satisfying his own sexual desire.

2. On October 18, 2015, at around 01:32, the Defendant restricted the call number using a portable phone used by the Defendant at the place indicated in the preceding port, and sent video images to the victim D (the age of 20) by posting a video phone to the Defendant’s self-defense.

Accordingly, the Defendant sent to the victim images that may cause sexual humiliation or aversion through telephone with a view to inducing or satisfying his own sexual desire.

3. On November 4, 2015, at around 00:10 on November 4, 2015, the Defendant restricted the phone call using a portable phone used by the Defendant at the places indicated in the preceding port, thereby putting a phone call to the victim D (the age of 20) and putting a phone on “a self-defense”.

“......”

Accordingly, the Defendant reached the victim with the intent to arouse or satisfy his sexual desire, which may cause sexual humiliation or aversion through telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the defendant's self-defense photographs, telephone conversations, and the CD-related Acts and subordinate statutes to store voice conversations between the defendant and the victim;

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. Punishment, etc. of sexual crimes committed against him/her;

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