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(영문) 서울남부지방법원 2017.10.20 2017고단4130

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

On April 16, 2017, at the defendant's house located in Geumcheon-gu Seoul Metropolitan Government B2, Geumcheon-gu around 02:08, the defendant called the defendant's hand phone with the defendant's cell phone to the victim C (the victim 21 years old), and the victim stated that "Stif f f f f f f f f f f f f f f.

Accordingly, the Defendant sent to the other party a sound that may cause a sense of sexual humiliation or aversion by telephone with the intent to arouse or satisfy his or another person's sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to sound recording files;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The reason for sentencing under the proviso of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to Exemption from the Registration and Obligation to Submit Personal Information (amended by a fine to the defendant) is that the defendant, in the event that the other party is a female by using telephone without permission, made the other party reach the other party a sound that may cause sexual humiliation or aversion with a view to inducing or meeting his/her sexual desire, by smelling his/her own sexual humiliation, and the nature of the crime is not good in light of the motive, form, etc. of the crime; the defendant was unable to receive a letter from the injured party; the defendant was sentenced to suspension of indictment on July 27, 2015 as a crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) (obscenity). After having committed a crime under the same law on March 8, 2017, the defendant’s liability for the crime of this case is not less denied.

However, the defendant's intention to commit the crime of this case is against the mistake, and the defendant is ahead of it.