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(영문) 대구지방법원 서부지원 2018.06.05 2017고단1774
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged was that the Defendant, as the president of the Seo-gu, Seo-gu, Daegu-si, sent and sent the victim and E message in the process of resolving the defect due to the Ma (n, 42 years of age)’s paralysis with the victim D (n, 42 years of age) who is a private person in nursing operation employed by the Defendant.

In the meantime, the Defendant was aware of the fact that the victim was sexual harassment, etc. even if he was sexually and not related to other employees, and that he was unable to easily notify the victim of sexual harassment, etc., and that the victim was unable to easily refuse his request by providing the victim with benefits such as raising monthly pay to the victim or paying additional monthly pay, etc., and then, by using the aforementioned circumstances, the victim sent obscene videos to the victim to satisfy his sexual humiliations by transmitting obscene images to the victim.

On November 25, 2016, at the above C Hospital around 13:05, the Defendant sent the victim a sexually related video product with his own smartphone to the victim using the E message, and sent the victim a sexually related video F, which was exposed to the sexual organ of both men and women, from December 10, 2016 to December 10, 2016, the Defendant sent the victim nine obscene video images of sexually related sexual intercourse, which was exposed to the sexual organ of both men and women, using the E message from around December 10, 2016.

As a result, the Defendant sent to the victim images that cause sexual humiliation or aversion using the communication media called mobile phones with a view to inducing or satisfying his own sexual desire.

2. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be punished by imprisonment with prison labor for not more than two years or by a fine not exceeding five million won, for a person who has the other party deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual shame or aversion by telephone, mail, computer or other communications media with intent to arouse or satisfy his/her or the other person's sexual desire;

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