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춘천지방법원 속초지원 2014.09.24 2014고단271

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 26, 2014, at around 14:27, the Defendant sent a voice message to the victim F (the number: E) mobile phone (the age 28) of the victim F (hereinafter “D”) using his cell phone (the number): G; and from January 2, 2014 to June 9, 2014, the Defendant sent a voice message to the effect that the Defendant “The Republic of Korea Satten (hereinafter “Satten”) is called “The Republic of Korea Satten (hereinafter “Satten”)”, and sent a voice message to the total of 17 victims, such as the list of crimes, from January 2, 2014 to June 9, 2014.

Accordingly, the defendant made a phone that causes sexual humiliation and aversion through a mobile phone with a view to meeting his/her sexual desire, or sent a voice message to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement and written statement, and the investigation of mail;

1. The recording CDs of each voice message, the details of telephone conversations, and the text data of voice messages, NAV maps, CCTV photographs, field photographs, communications data replies, X-cell data, e-mail, sound recording;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. thereof;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Where a conviction of a defendant against a sex offense subject to the obligation to submit personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a related agency

The age, occupation, risk of recidivism, type of crime of this case, motive, and motive of the defendant exempted from disclosure or notification order.