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(영문) 부산지방법원 2014.02.13 2013고정6587
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

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 other persons' sexual desire.

On May 5, 2013, at around 23:51, the Defendant sent his cell phone (C) to the victim D’s cell phone (E) from the fluorial family in Busan-gun, Busan-gun, to the victim’s cell phone (E). The Defendant sent sexual instruments pictures that have come to the victim, thereby causing sexual humiliation and aversion to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report - Attachment of photographs of images to be produced by victims;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 12 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); Selection of fines, etc.

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;

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