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(영문) 서울동부지방법원 2014.11.07 2014고단2106
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

The Defendant is a person who became aware of the victim D (the age of 22) through a game called “Ilbrid”.

1. On June 22, 2014, at around 03:03, the Defendant sent the victim’s cell phone images to the victim’s cell phone by affixing his/her sexual photo to his/her cell phone within the Dongjak-gu Seoul Metropolitan Government E, 101 Dong 1208.

2. Around 00:01 on June 30, 201, the Defendant, at the place indicated in paragraph (1), made an obscene speech by phone five times, such as “the victim wanted to have four strings, to have four strings, to have four strings, to have a deep satis, to have four strings, and to have a deep satis in four strings,” at the victim’s cell phone, at the place indicated in paragraph (1).

3. On July 3, 2014, at around 02:02:02, the Defendant, at the place indicated in paragraph (1) at the victim’s cell phone, made obscene speech by telephone five times, such as “the Defendant,” “as soon as possible, in the case of the Defendant,” the Defendant called “as soon as possible,” and “the thickness of inserting one time.”

As a result, the Defendant sent to the victim the images and horses that may cause sexual humiliation or aversions by telephone with a view to inducing or satisfying his/her sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to each investigation report (to attach screen pictures and text messages to the Kakaox and attach telephone files, and attach telephone conversationss);

1. Article 13 of the relevant Act on Criminal Crimes and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The fact that the reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order is that the defendant had a record of punishment for juvenile protective disposition and a single fine for the same kind of crime is disadvantageous to the defendant.

On the other hand, however, it is.

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