2020 Highest 4505 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

obscenity)

A

Min-young (Court) and Kim Young-gu (Court of Justice)

November 18, 2020

Defendant shall be punished by a fine of one million won.

When the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period calculated by converting 100,000 won into one day.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

No person shall allow another person to 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 means of communication, with intent to arouse or satisfy his/her own or another person's sexual desire.

그럼에도 불구하고 피고인은 2020. 4. 8. 22:25경 서울 구로구 B건물, C호에 있는 피고인의 주거지에서 휴대전화기를 이용하여 피해자 D(여, 44세)에게 "보고싶네요. E, 만지고싶고ㅋㅋ"라는 내용의 카카오톡 메시지를 전송하고, 2020, 7. 30. 22:20경 위 주거지에서 휴대전화기를 이용하여 피해자에게 "니몸 만지자"라는 내용의 카카오톡 메시지를 전송함으로써 자기의 성적 욕망을 만족시킬 목적으로 통신매체를 통하여 성적 수치심이나 혐오감을 일으키는 글을 피해자에게 도달하게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Details of the Kakao Stockholm message sent to the victim by the suspect;

1. A complaint;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 13 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 2020); Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (referred to as obscenity using communications media on April 8, 2020); Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (referred to as obscenity using communications media on July 30,

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Invitation of a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order to complete programs;

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

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Non-existence of Duty to Register and Submit Personal Information

According to the proviso to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, if a person is sentenced to a fine for a crime under Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, he/she is excluded from a person subject to registration of personal information.

Disclosure and Notification Orders and Exemption from Employment Restriction Orders

Comprehensively taking account of the Defendant’s age, type and content of the crime, the process of the crime, the records of the crime, other social benefits expected by the disclosure and notification order, the effect of the prevention of sexual crimes, the disadvantage and anticipated side effects of the Defendant, etc., the disclosure and notification of the Defendant’s personal information or the special circumstances where the employment restriction should not be ordered with children, juvenile-related institutions, etc., and welfare facilities for the disabled, the disclosure and notification order and employment restriction order shall not be issued to the Defendant.

Reasons for sentencing

Considering the circumstances leading to the instant crime, the fact that the Defendant has no criminal record of the same kind, and the age, character and conduct of the Defendant, the motive, means and consequence of the instant crime, and other circumstances that form the conditions for sentencing as shown in the arguments and records, such as the circumstances after the crime, the punishment as ordered shall be determined

Judges Lee Jin-ro