beta
(영문) 대전지방법원 2017.01.13 2016고단3648

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On June 13, 2016, from around 00:06 to 00:24 on the same day, the Defendant limited the phone number display from the Defendant’s house located in Seo-gu Daejeon, Seo-gu, Daejeon to 108 Dong 910, to the mobile phone number (G) of the victim F (the 19-year-old) who became aware of the phone number display from the Defendant’s house located in Seo-gu, Seo-gu, Daejeon, Daejeon to 108 Dong 910, and carried out 12 copies of telephone without any speech, and carried out a sexual obscenity.

As a result, the Defendant sent the sound that causes sexual humiliation or aversion to the victim through telephone, which is a communication medium, with a view to meeting the sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement with respect to F;

1. Application of Acts and subordinate statutes in which notice of the result of request for heading 2016-0456 is stated;

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

1. Penalty of one million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (the period computed by converting 100,000 won into one day) by the detention in a workhouse;

1. Article 59 (1) of the Criminal Act of the Suspension of Pronouncement of Sentence (Attention, such as reflectivity, agreement with the victim, age of the defendant, and no history of punishment);