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(영문) 부산지방법원 2015.11.12 2015고단4491

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등

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In the case of each of the crimes listed in subparagraphs 1 through 4 of the judgment of the defendant, six months of imprisonment, and a fine of 3,000 for the crimes listed in the judgment of the court.

Reasons

Punishment of the crime

On November 7, 2014, the Defendant was sentenced to a suspended sentence of two years on the 15th day of the same month by imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) at the Busan District Court.

Around September 2013, the Defendant worked as a twiter in the DH in Busan Northern-gu C, Busan, and had the victim E (here, 17 years of age) who had performed a campaign at that place, and had the victim retire from the health care.

1. On April 23, 2014, the Defendant transmitted the word “to drink” to the victim using a mobile phone at Franchisium around 01:47.

2. On April 23, 2014, the Defendant transmitted the victim’s word “I wish to grow” in the same manner as that of paragraph (1) from the French land around 02:03.

3. On October 24, 2014, at around 12:26, the Defendant transmitted the victim’s word “I wish to grow” in the same manner as that of paragraph (1) to the victim.

4. On October 31, 2014, the Defendant sent the victim the word “to drink” to the victim in the same manner as that of paragraph (1) at Flusium around 22:42.

5. At around 07:30 on May 21, 2015, the Defendant sent the victim the word “I wishing to listen to the Defendant’s body at the time of Ghana, I wishing to sell the body of Irrrrrrrrrherat at Irrrrrrrrrrh, Irrrrrrrrh,” in the same manner as Paragraph 1.

Accordingly, the Defendant reached the victim with a view to meeting his own sexual desire, which causes sexual humiliation and aversion through a cellular phone over five times in total.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Each report on internal investigation (No. 2, 4, and 5 No. 5 in the evidence list);

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (report attached to a judgment) Acts and subordinate statutes;

1. Articles 13 and 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which are applicable to the relevant criminal facts and selective punishment;