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(영문) 대전지방법원 2018.08.17 2018고단1374

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 31, 2017, the Defendant would like to post a mobile phone to the Victim F (F) who became aware of the number through E search function with a purpose to satisfy sexual desire at around 07:28, Daejeon Seosung-gu D apartment 409, 301, for a purpose of meeting sexual desire at around 07:28, 201.

The phrase “I am I am I am I am,” and the phrase “I am having reached the victim that may cause sexual humiliation or aversion.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Application of Acts and subordinate statutes recognizing walls in light of records of seizure, list of seizure, etc.;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the selection of punishment by imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Protective observation, order to attend lectures or order to provide community service;

1. The punishment shall be determined as ordered by taking into account all the circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., such as the crime of this case, the fact that the defendant committed the crime of this case, there is a intellectual obstacle to the defendant, the victim does not wish the punishment by agreement with the victim, even though he/she has been sentenced to a suspended sentence for the same kind of crime for the reason of sentencing in the main sentence of Article 56 (1) of the Act on the Protection of Children from Sexual Abuse

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the head of the relevant agency pursuant to Article 43

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure order or notification order of the defendant exempted from disclosure order or notification order, the degree and expected side effects of the disadvantage of the defendant, which can be achieved by such order.