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(영문) 의정부지방법원 고양지원 2013.04.05 2012고정666
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is a person who engages in real estate business as a person who is the victim C (n, 41 years of age) and one time at a business golf course before five years of age.

At around 13:36 on May 23, 201, the Defendant sent to the victim, who is the other party, a written photograph of the female who has sexual intercourse with the victim's cell phone (F) that may cause sexual humiliation or aversion with a view to inducing or satisfaction of sexual humiliation in the common sense house where it is impossible to identify the name of the D located in Mangdong-gu, Mangnsan-si, Goyang-si, for the purpose of inducing or satisfaction of sexual humiliation.

2. Comprehensively taking account of the evidence submitted by the judgment prosecutor, it is not sufficient to acknowledge that C received text messages from the Defendant’s cell phone at the time indicated in the facts charged, but the Defendant sent the above text messages to C for the purpose of inducing or meeting his/her own or another person’s sexual desire, and there is no other evidence to acknowledge otherwise.

Rather, the Defendant asserts that: (a) intending to send obscene messages to G, one of his own journals at the time simply reconcepted the phone, and then sent the message to C, and that the message was not sent to C for the purpose of inducing or meeting his or another person’s sexual desire; and (b) the witness H’s legal statement to the effect that he received obscene messages from the Defendant around the date and time indicated in the facts charged, supporting the Defendant’s assertion (i.e., the rejection of the aforementioned testimony by the witness H, and (iii) rather, the witness H appears to be not suitable for each of the Defendant as a matter of real estate transaction with the Defendant).

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