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(영문) 부산지방법원 2014.06.18 2014고단1853
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine not exceeding five million won.

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

Reasons

Punishment of the crime

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

Nevertheless, on December 25, 2013, the Defendant sent a video file with the victim C (n, 38 years of age), D (n, 48 years of age), and E (n, 51 years of age) to the victim’s cell phone with the victim’s mobile phone with the Defendant’s cell phone device in Busan F and 802 at the Defendant’s residence, which was known through cultural lectures by the local cultural center, to the victim’s sexual humiliation or aversion by transmitting the victim’s video file with the victim’s cell phone with the Defendant’s cell phone device in Busan, Seo-gu, Busan, and 802 to the victim’s cell phone with the Defendant’s sexual sternly exposed to the victim’s sexual humiliation, “this refers to the above victim’s video that may cause sexual humiliation or aversion through the phone,” as shown in the attached list of crimes. In addition, the Defendant reached the above victim’s text and image that may cause sexual humiliation or aversion over 17 times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Each complaint filed by D and E;

1. Application of Acts and subordinate statutes to the closure data of the CKakao Stockholm screen, DKakao Stockholm screen closure data, and EKakao Stockholm screen closure data;

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 defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the

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