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(영문) 서울중앙지방법원 2014.06.11 2014고단2677

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

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

The defendant shall order the completion of the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

Around 08:28 on March 2, 2014, the Defendant calls to the victim I (the age of 22) for a cell phone used by himself/herself due to the restriction on the indication of the sender in Jongno-gu Seoul, and calls to the victim I (the age of 32) for the phone that he/she used. The Defendant calls to the victim at the above place on March 2, 2014, and calls to the victim at the above place on March 12:40 and around March 2, 2014, “I hear the voice of the victim. I want to hear the voice of the victim, and so I want to leave the victim only once. I want to leave the victim’s room for the defect and his/her incidental to the above place on March 4, 2014.” On March 4, 2014.

As a result, the Defendant sent the victim the words, sounds, which may cause sexual humiliation or aversion through the communication media with a view to inducing or satisfying his own sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. Application of the Acts and subordinate statutes governing sound recording files CDs;

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

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

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order was sentenced to a suspended sentence on November 8, 2013 and the Act on the Punishment, etc. of Sexual Crimes committed in the instant case is also an offense committed against unspecified women, and where the conviction of the accused against the criminal facts subject to registration of personal information becomes final and conclusive, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same Act.