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(영문) 서울남부지방법원 2019.07.12 2019고단1205
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant and the victim B (the age of 51) together worked in the "C", while the defendant love the same-sex victim, the victim was harassing the victim with other workplace fellows.

1. No person who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) shall have the other party reach the other party any words, sounds, letters, pictures, images, or articles that may cause a sense of sexual shame or aversion through telephone, mail, computer or other communications media with intent to arouse or satisfy his/her or the other party's sexual desire;

around 19:51 on August 11, 2016, the Defendant sent text messages to the victim’s cell phone using the function of transmitting free text messages from public telephones to the victim’s cell phone, stating, “I am glar that I am very frequently because I am in the rest room when I do not get inside am in the rest room”, and then sent text messages to the victim 39 times in total by means of text messages and registered mail from August 25, 2018, as shown in attached Table 1, from that time to August 25, 2018.

Accordingly, the Defendant sent to the victim a letter that may cause sexual humiliation or aversion by telephone and mail with a view to inducing or satisfying his own sexual desire.

2. No person who violates the Telecommunications Business Act shall make a false indication, such as changing the phone number of a caller, while sending a telephone or text message, for the purpose of making financial profits by deceiving other persons or of harming them by verbal abuse, threats, sexual harassment, etc.;

On August 11, 2016, the Defendant used the function of transmitting text messages to the victim’s cell phones with a view to citing the above victim B from Seoul (Seoul) around 19:51 on August 11, 2016.

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