성폭력범죄의처벌및피해자보호등에관한법률위반(통신매체이용음란)
1. The defendant shall be punished by imprisonment for six months;
2. The defendant is required to prevent recidivism of a sexual crime of 40 hours.
Punishment of the crime
On August 28, 2014, the Defendant was sentenced to a suspended sentence of one year and six months for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Daegu District Court (Seoul District Court), and the judgment became final and conclusive on September 5, 2014.
The Defendant would like to put the victim’s cell phone into the victim’s cell phone by using a mobile phone, which is a communication medium, for the purpose of inducing or meeting his/her sexual desire, at around December 14, 2014, at the Defendant’s house located in Yongcheon-si Dum 206 around December 14, 2014.
“Along with the transmission of text messages that may cause a sense of sexual humiliation or aversion,” the message was sent to reach.
In addition, from March 30, 2015 to March 30, 2015, the Defendant had the victim reach a total of 20 times, using cell phones, which are communication media, causing sexual humiliation or aversion.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C (victim);
1. Previous conviction: A criminal history inquiry report (for the purpose of inducing or meeting his/her own sexual desire: the defendant seems to have an intention to criticize or criticize the victim in smelling text messages, such as facts constituting a crime, although he/she has such intention;
It is difficult to view that the purpose of inducing or meeting his sexual desire is excluded.
In addition, among the contents of the text, only without criticism of the victim, the content that only expresses his sexual impulses (Nos. 1 and 2 a year of crime list) is included, and the defendant who was in a relationship with the victim seems to have sent the victim a mixture of obscene text messages with criticism and criticism on the victim's sexual desire and sexual humiliation. The victim is also a text message that causes humiliation and sexual humiliation in the complaint.