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(영문) 부산지방법원 2017.01.13 2016고단6550
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. From October 2015 to November 1, 2015, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media), sent obscene pictures and videos to the victim (or 15) who came to know in the Busan Jindong-gu E University Art and Sports University Art Work Office in D, and NAF’s Internet page between the Defendant and the Defendant, while communicating with the victim (or 15) in the Internet page, and sent them with obscene pictures and videos. If not sent, the Defendant would be punished.

At the same time, pictures, etc. that may cause sexual humiliation or aversion, such as photographs of brus women coming in hacks, pictures showing women's her her mared, etc., were transmitted several times.

As a result, the Defendant sent pictures, etc. that may cause sexual humiliation or aversion through telephone, mail, computer, or other communication media for the purpose of inducing or meeting his or another person's sexual desire to reach the other party.

2. Defendant 1: (a) knew that the victim was a child or juvenile who was under 15 years of age; (b) had the victim photograph his/her body photograph or self-defense, etc., and had the victim do so, and received transmission at the time and place described in the above paragraph 1; and (c) had the victim photograph his/her body photograph or self-defense, etc. at the victim’s age.

Accordingly, the defendant was aware that he was a child or juvenile pornography.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect against H and I;

1. Application of each investigation report, stenographic record, seizure protocol (voluntary submission), and statutes governing the list of seizure;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes (a point of arrival of obscene images, etc.) and Article 11 (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a point of possession of obscene images, etc. for children or juveniles);

1. Selection of each of the selective fines for punishment (the primary crime and the depth of the crime is reflected, and the victim shall also be punished by the defendant;

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