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(영문) 수원지방법원 평택지원 2015.01.29 2014고단1744
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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1. The defendant shall be punished by a fine of one million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The Defendant, at the Defendant’s residence in Pyeongtaek-si D, sent a text that may cause sexual humiliation or aversion through a communication medium to the victim E (hereinafter “victim, 32 years old, and household name) who became aware of using the mobile phone display, in order to arouse or satisfy his/her own sexual desire as follows:

1. 2014. 8. 29. 08:36경 ‘꼬고 앉는 게 매력적이면 남자들은 대부분 그 꼰 걸 풀어보고 싶어 하겠죠’라는 문자 메시지를 보냈다.

2. On August 29, 2014, around 19:21, a text message “I wish to see even if she is satisfed,” which reads “I would like to be satched even if she is satched.”

3. On October 16, 2014, around 17:14, a text message “I wish to be punished for a fake bridge” was sent.

4. On October 16, 2014, a text message was sent at around 18:59: (a) “Along with the due diligence, I wish to be punished.”

5. On October 18, 2014, around 12:18, a text message stating that “I wish to write down a fake if you are associated with N.g.” was sent.

6. On October 18, 2014, a text message sent around 13:57, stating that “The phrase, namely, that it may be punished if the phrase, is a good sense.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes on the screen after a mobile phone closure;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines, comprehensively, in relation to the relevant criminal facts and punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction is finalized against a defendant who shall submit personal information of this case under Article 334(1) of the Criminal Procedure Act, the defendant constitutes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

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