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(영문) 서울중앙지방법원 2013.11.20 2013고단6096

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Not later than eight years ago, the Defendant had been aware of the victims' home numbers (E) as a person who had attempted to work on the body of his parents C and D, who had been operated by the victims' parents, with the aim of meeting his sexual desire, and had the victims’ home to walk up an obscene speech with the victim’s home for the purpose of meeting his sexual desire.

1. In 2012, the Defendant: (a) sent a phone to the victim’s house using the Defendant’s cell phone (F); and (b) sent a phone to the victim that “the victim D (the age of 23) sent a phone to the victim, i.e., “the victim is deemed to have softened or well-known; and (c) the victim sent a speech that may cause sexual humiliation or aversion by using obscene speech.”

2. On June 23, 2013, the Defendant sent a phone to the victims’ house using the Defendant’s mobile phone on June 23, 2013, and led the victim C (the age of 25) to reach the victim by using the obscene speech “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am.”

3. On August 25, 2013, the Defendant: (a) 10:11 on August 25, 2013, 2013, sent a phone call from the victim’s cell phone to the victim, and (b) she received a phone, saying, “The victim C (the age of 25) reaches the victim a speech that may cause sexual humiliation or aversion by making three times a day every three times a day after the opening of the back of the day, and one time a day every three times a day.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of the Acts and subordinate statutes on sound recording CDs

1. Relevant Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012) regarding criminal facts.