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(영문) 서울북부지방법원 2015.02.04 2014고단4470
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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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

Victim C (A. 25 years old) is a person who operates N.V. B.D.

1. On September 24, 2014, at around 02:24, the Defendant posted a notice on the “Preparation Process for Public Disclosure” of the said Blogs, stating that “I would like to be able to respect a sample or to rape,” with the intent to arouse or satisfy his/her own or another person’s sexual desire, and led the Defendant to reach the victim with language that may cause sexual humiliation or aversion through telecommunication media, such as a computer.

2. 피고인은 2014. 10. 31. 23:10경 위 블로그의 ‘공부방 준비과정’ 게시글에 자기 또는 다른 사람의 성적 욕망을 유발하거나 만족시킬 목적으로 “아 C생 진짜 맛있게 생겼다ㅜㅜ.”라는 댓글을 게시하여 컴퓨터 등 통신매체를 통하여 성적 수치심이나 혐오감을 일으키는 글 등을 피해자에게 도달하게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to C of each protocol of police statement;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines for Crimes;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order shall be determined as ordered by taking into account the following circumstances: (a) the defendant is the first offender and reflects the sentencing; (b) the defendant’s age, character and conduct, family relationship, motive, means and consequence of the crime; and (c) the defendant’s age, character and conduct

Where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to registration and submission of personal information, the accused is 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 the accused shall submit personal information to the competent agency pursuant to Article 4

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