2018No2262 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media)

A

Prosecutor

Clerks, Escopics, Escopics

Attorney Choi Young-young

Busan District Court Decision 2017Ma1774 Decided June 5, 2018

January 17, 2019

The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the crime of obscenity using communications media is protected by the law and protected by the law, so it is established even if the consent of the victim is granted. Considering that the Defendant and the victim are in a subordinate relationship with each other, it cannot be deemed that the victim’

2. Determination

The lower court, based on its stated reasoning, determined that the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using a communication medium) is established when the victim’s intent is committed, and that the evidence submitted by the prosecutor alone is insufficient to recognize that the Defendant sent obscene videos to the victim via a cell phone as stated in the

Examining the reasoning of the lower judgment in comparison with the evidence examined by the lower court, the lower court’s aforementioned determination is justifiable, and it did not err by misapprehending the legal doctrine, thereby adversely affecting the conclusion

3. Conclusion

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

Judges Senior Superintendent of the Supreme Court

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Judges Park Jong-young