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(영문) 서울중앙지방법원 2020.12.17 2020고단6158
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who performs the construction of the interior, and the victim B (n, 27 years of age) and the victim B (n, 27 years of age) were known through SNS in the past, and the victim was informed of the phone number of the victim through SNS in the past, and was called the victim for the purpose of meeting his sexual desire.

1. On March 1, 2020, at around 23:48, the Defendant: (a) sent a phone call to the victim by marking the phone number limitation; and (b) sent a new voice that could cause sexual health to the victim who received the phone for about 18 seconds.

As a result, the Defendant reached a warning that may cause sexual humiliation or aversion to the victim.

2. On March 6, 2020, around 23:40 on March 6, 2020, the Defendant: (a) opened the phone call to the victim with a limitation on the phone number; (b) sent approximately three minutes of the phone call to the victim; and (c) asked the victim of the phone with a new and opical voice that may cause sexual humiliation, “from 2 to 3”, and a person, who is in whose place the phone call.

As a result, the Defendant reached a warning that may cause sexual humiliation or aversion to the victim.

Summary of Evidence

1. Application of the police investigation report (the monetary records submitted by the victim and video image) to the defendant's statement B in the court statement of the defendant;

1. Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) applicable to the relevant criminal facts and the selection of punishment for such crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. The Defendant’s age, occupation, risk of recidivism, type of crime in this case, motive, process of crime, and each of the above orders shall be subject to the registration that may be achieved by the disclosure order, notification order, and employment restriction order under Article 334(1) of the Criminal Procedure Act.

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