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(영문) 부산지방법원 2014.07.23 2014고단2279
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On January 31, 2014, the Defendant: (a) around 15:22, 2014, at the Defendant’s home, set up a notice of restriction on sending the phone number so that the other party who received the phone from the Defendant’s home could not know the phone number; and (b) viewed the video of the victim’s mobile phone using the video phone of the victim D (the age of 19) to take out his/her sexual organ.

Accordingly, the Defendant sent to the other party images that may cause a sense of sexual humiliation or aversion through video phones with a view to inducing or satisfying his or another person's sexual desire.

On December 30, 2013, the Defendant, “2014 Highest 3894, the Defendant, at around 11:24, 2013, viewed the images of the Defendant’s house located in the Busan High-gun C and 103 Do 301, a mobile phone of the victim E (the age of 24) with the cell phone number display restriction on the video phone number display.

From the same date, from January 6, 2014 to January 15:37, 2014, the Defendant sent to the above victim the images causing sexual humiliation through telecommunication media for the purpose of meeting the Defendant’s sexual desire through the above-mentioned method five times in total, as indicated in the attached list of crimes.

Summary of Evidence

"2014 Highest 2279"

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Visual currency closure photographs "2014No3894";

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Mobile phone closure photographs at the time of damage;

1. Earthquake-Application of Acts and subordinate statutes to close down a damaged telephone site;

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

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. Where a judgment on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order becomes final and conclusive, the accused shall be punished against sexual crimes.

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