성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
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 this judgment becomes final and conclusive.
Punishment of the crime
1. No speech, sound, picture, image, or object that may cause a sense of sexual shame or aversion through telephone, mail, computer or any other communications medium shall be delivered to another person with an intention to arouse or satisfy his/her own or another person's sexual desire;
Nevertheless, the Defendant, as a intellectual disability Grade 2, lacks the ability to discern things or make decisions due to mental or physical disorder. In the vicinity of the river located in Ansan-si, around August 24, 2013, the Defendant called the 112 comprehensive situation room using the Defendant’s cell phone to satisfy his/her sexual desire, and made the victim D, a police official, reach the other party a speech that may cause sexual humiliation or aversion by speaking to the 112 comprehensive situation room using the Defendant’s cell phone for the purpose of meeting his/her sexual desire. The Defendant called the 112 comprehensive situation room from May 6, 2013 to August 24, 2013 using the Defendant’s cell phone to reach the other party a sense of sexual humiliation or aversion.
2. A thief was a second degree of intellectual disability having weak ability to discern things or make decisions due to mental or physical disorder. Around 13:00 on August 24, 2013, the Defendant stolen with one digital camera, etc. equivalent to KRW 220,00,000, in a container stuff warehouse owned by the victim F in Ansan-si, with a total market value of KRW 220,000,000.
Summary of Evidence
1. Defendant's legal statement;
1. Each police protocol against F, G, H, D, I, J, and K;
1. Each police seizure record and the list of seizure;
1. The details of each report, the application of Acts and subordinate statutes governing access records to the 112 comprehensive situation room;
1. Relevant Article of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Specific Crimes under the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.