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(영문) 서울남부지방법원 2020.11.20 2020고단4098
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person of "2020 Man-Ma4098" shall allow any speech, sound, writing, picture, image, or object that may cause a sense of sexual shame or aversion through telephone, mail, computer, or any other means of communication, with intent to arouse or satisfy his/her or another person's sexual desire.

At around 22:00 on May 12, 2020, the Defendant sent two copies of his sexual photograph to the victim D (the age of 13) by using his mobile phone devices, and sent the message “a bbsptop pictures with his own photograph,” “a bsptop pictures,” and “a bsptoptop pictures with his photograph.”

As a result, the Defendant sent pictures and phrases that may cause sexual humiliation or aversion to the victim through the communication media with a view to inducing or satisfaction of his sexual desire.

No person of "2020 Man-Ma5294" shall have the other party reach the other party any words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation or aversion by telephone, mail, computer, or any other means of communication, with intent to arouse or satisfy his/her own or the other party's sexual desire.

At around 13:00 on May 17, 2020, the Defendant sent the victim G the message “F,” “I wish to obtain dial-a-a-a-a-a-a-a-a-a-a-a-a-a-a-the-job,” “I wish to obtain dial-a-a-the-job,” “I wish to obtain dial-a-a-the-job,” “I will obtain dial-a-a-the-job,” “I will obtain dial-a-the-job,” and “I will help do so.”

Accordingly, the defendant sent a letter that causes sexual humiliation or aversion to the victim.

Summary of Evidence

[200 Highest 4098]

1. Defendant's legal statement;

1. E communications between the police statement of D (2020 highest 5294);

1. Defendant's legal statement;

1. Binding records of G;

1. A victim;

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