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(영문) 인천지방법원 2017.08.23 2017고단3704

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 1, 2017, at around 07:30, the Defendant: (a) called “E”, which is a number arbitrarily determined under the conditions of restriction on the phone number display of the sender’s cell phone at the Defendant’s residence located in Nam-gu Incheon Metropolitan City D and 202; and (b) walked naturally as if the Defendant was a woman to receive this phone; (c) took a call for about one hour with the victim, and (d) took a call to the victim for about one hour, and (e) took a call for the victim; (e) whether the Defendant was picker;

male-friendly Gus are well grounded;

If you do not know, it will be done on behalf of the public.

Doescis 69 self-satiscis satiscis satiscis satis satis satis;

The Republic of Korea is a mixed couple of grhyer, whichever is now;

In order to arouse or satisfy a defendant's sexual desire, such as "the victim has reached the victim that may cause a sense of sexual humiliation or aversion through telephone."

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the relevant Acts and subordinate statutes to written complaints and investigative reports;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Article 47(1) and Article 49(1) proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to Disclosure Order and Notice Order; Article 49(1) proviso to Article 50 of the Act on the Protection of Children and Juveniles from Sexual Abuse [the Defendant’s age, occupation, family environment, social ties, criminal record, and risk of recidivism (the Defendant has the same past record on two occasions)]

In full view of various circumstances, such as the benefits and preventive effects expected by the instant disclosure order or notification order, and the disadvantages and side effects resulting therefrom, the personal information of the Defendant shall be disclosed.