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(영문) 대전지방법원 2019.11.29 2019고단3200
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant was found to be a guest in a restaurant operated by the victim B (a person, a person, 51) and became aware of the victim.

1. On May 3, 2019, the Defendant: (a) connected the Defendant’s mobile phone to C fishing procedures with a view to inducing or satisfying his/her sexual desire at a non-place not exceeding Daejeon, and transmitted two video images, in which both men and women are sexually related to the victim, after having accessed the Defendant’s mobile phone, with a view to inducing or satisfying his/her sexual desire.

Accordingly, the Defendant sent words and videos that may cause sexual humiliation or aversion to the victim through telecommunications media with a view to inducing or satisfying his/her sexual desire.

2. On May 5, 2019, at around 07:50, the Defendant sent a link address at which the victim’s sexual intercourse can be immediately confirmed on two occasions, after accessing the Defendant’s cellular phone to C fishing, with a view to inducing or satisfying his sexual desire at a non-place of Daejeon or lower level, and at the same time, the Defendant sent a link address at which the form of sexual intercourse with the victim can be verified immediately.

From 10:43 to 15:00 on the same day, the Defendant continued to transmit the victim’s message “a joint, defective, defective..........................) by the same way, the Defendant sent one link address to confirm immediately the video images in which the second male and female sexual intercourse was recorded.

Although the Defendant has transmitted the victim’s refused message, “I am not Madern, Madern, I am not 8:53 on the same day to 20:56 on the same day, the Defendant re-transmittings the message “I am Madar. I am Madar. I am Madar. I am am ar. I am am ar. I am am ar. I am ar and answer. I am ar. I am ar. I

Accordingly, the Defendant sent words and videos that may cause sexual humiliation or aversion to the victim through telecommunications media with a view to inducing or satisfying his/her sexual desire.

3. The Defendant, from May 6, 2019 to around 06:57, to around 13:00, is incompetence below Daejeon.

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