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(영문) 대전지방법원 천안지원 2014.04.04 2013고정1329

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Criminal facts

Defendant

1. On September 24, 2013, at around 11:04, the victim’s cell phone calls to the cell phone of the victim B (the age of 23 and female) with a limited number on the phone so as to satisfy his/her sexual desire, and, at around 24:04, the victim’s horses that may cause a sense of sexual humiliation and aversion to the victim, such as “a defect in the telephone call and continuous change in the voice.”

2. On September 25, 2013, around 15:39, around September 25, 2013, the Defendant continued to have the victim sent a phone with the phone call number, and had the victim reach a speech that may cause sexual humiliation and aversion to the victim, such as referring to referring to referring the horses to her husband and wife.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of the statutes to notify communications data;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Selection of fines;

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

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act (the suspended punishment: fine of 2,00,000 won; fine of 2,00,000 won is agreed with the victim; the defendant has no previous conviction; and the defendant has seriously reflected in the course of committing the crime);

1. Where a conviction of a sex crime subject to registration becomes final and conclusive for the crime of this case, which is a sex crime subject to registration, under Article 47 and Article 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes exempted from disclosure or notification of personal information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (no order to disclose or notify the personal information shall be issued, taking into account the repeated grounds for postponement of notification), the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc.