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(영문) 부산지방법원 동부지원 2014.07.24 2014고단757
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On February 19, 2014, at around 11:44, the Defendant: (a) expressed the Defendant’s sexual flag and the Defendant’s form of self-defense in a video currency with the intent to attract sexual desire to obscenity, and satisfy this, in “D” in which the Defendant working for the Defendant in Suwon-gu, Busan, as an employee.

The Defendant displayed the Defendant’s sexual character and self-defensive behavior using the Defendant’s mobile phone at six times from February 19, 2014 to February 209 to February 27, 2014, using the Defendant’s mobile phone numbers, using the Defendant’s mobile phone numbers.

As a result, the Defendant sent images that may cause sexual humiliation and aversion to the victim by using communication media.

2. On March 5, 2014, at around 10:29, the Defendant, at the accommodation in the above “D”, had the Defendant display the form of self-defense by exposing the Defendant’s sexual organ to meet the sexual desire, with the intent of having the Defendant feel sexual desire while drinking alcohol at the accommodation.

The defendant showed the form of sexual intercourse and self-defense of the victim F (V, 26 years of age) who became aware of the Internet shopping mall site by building a video call with the cell phone of the victim F (V, 26 years of age).

As a result, the Defendant sent images that may cause sexual humiliation and aversion to the victim by using communication media.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Inquiry into data for communication confirmation and statement of conversations;

1. Application of the Acts and subordinate statutes concerning visual images to a visual currency closure;

1. Relevant Articles on criminal facts and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;

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 to Order;

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