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(영문) 서울중앙지방법원 2020.10.30 2020고단6282
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

1. Although the Defendant was prohibited from reaching the other party any words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation or aversion through telephone, mail, computer, or other means of communication with intent to arouse or satisfy his/her own or other person’s sexual desire, he/she shall not have the other party reach the other party. On March 19, 2020, around 03:04, the Defendant sent the phone to the victim D (the age of 25) who is a person who is not aware of a mobile phone in Seoul Special Metropolitan City, Gwanak-gu apartment C by restricting the cell phone number display to the cell phone number display on the cell phone number display on the cell phone in Seoul Special Metropolitan City, Gwanak-gu, as if the victim’s workplace was the commercial person of the victim, and then sent the phone as if he/she had to be the victim’s workplace. However, the video and the magazines that he/she had to look at, however, did not seem to have reached the victim’s sexual humiliation and aversion.

2. In order to arouse or satisfy his or another person’s sexual desire, the Defendant was prohibited from reaching the other party any words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation or aversion through telephone, mail, computer, or other means of communication. On April 21, 2020, around 02:49, the Defendant sent a phone call to the victim E (the age 21) who is a person who is not aware of a mobile phone in Seoul Special Metropolitan City, Gwanak-gu apartment B apartment C by restricting the phone number display on the cell phone number display on the cell phone in Seoul Special Metropolitan City, Seoul Special Metropolitan City, thereby leading him to the act of self-defense as if the victim was the will of the victim, while carrying out his or her act of self-defense, and “in having him or her deducted, the Defendant sent the words and sounds that cause a sense of sexual humiliation and aversion to the victim.

Summary of Evidence

1. Statement of the defendant in court D and each police statement about E;

1. Details of each criminal complaint and currency;

1. Application of the Acts and subordinate statutes to cover data on the cell phone screen of a mobile phone whose phone number display is restricted, and to cover down the contents of a Kakaotoo conversation;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime; and

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