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(영문) 창원지방법원 2018.10.26 2018고단2035
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

No person shall have the other party deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation or aversion by telephone, mail, computer or other means of communication, with intent to arouse or satisfy his/her own or another person's sexual desire.

1. On May 27, 2018, the Defendant sent, at his own house located in Kimhae-si BGC around 18:40 on May 27, 2018, the phrase “I wish to do so, I want to do so, I would like to do so, I would like to do dial dial dials, I would like to do dial dials, I would like to dial dials,” at the cell phone dial dials of the victim D (the age of 28) using his/her mobile phone.”

2. On June 3, 2018, the Defendant sent on the screen of receiving the instant victim’s mobile text messages using his/her mobile phone at around 03:13 on June 3, 2018 at the same place as Paragraph (1) of the same paragraph, and then sent the victim’s mobile text messages on the screen of receiving the victim’s mobile text messages at around 03:18 on the same day, the Defendant sent the victim’s mobile text messages at “I am or I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I.

“ .......”

3. On June 8, 2018, the Defendant sent the instant victim’s mobile phone e-mail conversation at the same place as paragraph (1) at around 02:10 on June 8, 2018, using his/her mobile phone at the same time as paragraph (1).

Accordingly, the Defendant reached five times as above, by using communication media, a statement that causes sexual humiliation or aversion to the victim with a view to meeting his own sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. Response to a request for provision of communications data;

1. Application of the Acts and subordinate statutes concerning the closure of message;

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

1. The Criminal Act to attract a workhouse;

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