beta
(영문) 서울중앙지방법원 2014.07.23 2014고단3799

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be ordered to complete 80 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

On February 20, 2014, around 08:44, the Defendant called the Defendant’s cell phone with the cell phone phone number display restriction function to the Defendant’s cell phone with the Defendant’s cell phone number display restriction function, and then called “self-ury defect once and after the Defendant’s cell phone”, “I am her husband and wife,” “I am her husband and wife,” and “I am her husband and wife,” as indicated in the attached list of crimes in the attached list of crimes.” From that point to February 15:32, 2014, the Defendant sent the victim the phone three times from that point to February 23, 2014.

Accordingly, the defendant reached the victim with a view to inducing or satisfying sexual humiliations, which causes sexual humiliation or aversion through telephone.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of M;

1. Application of Acts and subordinate statutes of three copies of recording;

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

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

1. The punishment as ordered shall be determined by comprehensively taking into account the grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to order, the age, character and conduct, environment, motive of crime, etc. of the accused two times or more, and other factors;

When a conviction on a crime subject to registration becomes final and conclusive on the judgment that a sex crime subject to registration becomes final and conclusive, the accused 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 is obligated to submit personal information to relevant agencies

The age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, and the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order of personal information disclosure order, and the accused's age, occupation, risk of recidivism, motive of the crime in this case.