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(영문) 서울북부지방법원 2019.01.18 2018고정1764
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A fine of three million won shall be imposed on a defendant.

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

Reasons

Punishment of the crime

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

1. Around June 18, 2017, the Defendant sent a voice message containing a woman’s new voice to the cell phone (B) of the victim C (the age of 29) to the Defendant’s cell phone (B) around June 18, 2017, and made the victim reach the victim a sound that may cause sexual humiliation or aversion by transmitting it to the victim’s cell phone (the age of 29).

2. On August 5, 2018, the Defendant sent the video images, which caused sexual humiliation or aversion to the victim’s cellular phone using the Defendant’s cell phone, from August 5, 2018, at around 23:13, around August 5, 2018, the Defendant sent the victim’s cell phone with the Defendant’s cell phone, and made the victim reach the victim’s sexual humiliation or aversion.

3. The Defendant committed a crime around August 7, 2018: around the same month from around August 22, 2018;

8. From 01:40 to 01, the images sent by the method as described in paragraph (2) of this Article, which may cause sexual humiliation or aversion to the victim, were sent by a man’s sexual organ pictures and videos with sexual intercourse.

4. 2018

8. Around August 11, 2018, the Defendant sent video images with male and female sexual intercourse to the victim in a group of sexual intercourse with the victim in the same manner as described in paragraph (2), and made the victim reach the victim with images that may cause sexual humiliation or aversion.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Photographs of the contents transmitted to the victim's mobile phone;

1. A CD in which the suspect has reproduced the images transmitted to the victim;

1. Previous convictions in judgment: Criminal records and investigation reports (reports prior to disposition, results confirmation reports, and confirmation reports on the date of release);

1. Habituality in the holding: Each judgment.

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