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(영문) 수원지방법원 안산지원 2016.07.13 2016고단2003

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The defendant as a shipbuilding yard is a person who works for the victim B (n, 26 years of age) in the company he had, and there is no kind of relationship with the victim.

On January 2016, the Defendant becomes aware of the cell phone numbers of the victim stated on the vehicle parked by the victim, and then satisfies his sexual desire, the Defendant’s purpose is to satisfy the victim’s sexual desire.

2. On February 23, 200, at the dormitory of the company located at Sinsi-si, the Defendant’s mobile phone is used, and the victim’s mobile phone is sent the victim’s mobile phone with the text “contested in ophion in ophum, in what is the ophum’s high-priced knowledge in ophum.”

3. 4. Around January 1, 200, the victim’s play by the foregoing method is deemed as “Istoves from Astoves and stoves”

Around the 30th of the same month, “the victim sent letters to the victim, using the communication media, as seen above, “the victim shall be deemed as a woman from time to time ropes,” and on the 31st of the same month, the victim sent letters to the victim, “on the 31st of the same month, the victim shall be deemed as a woman, so that they can be seen as having been cut, so that they may have a high level of sexual humiliation and aversion with the victim,” thereby sending letters to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Seizure records;

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act (in cases where no damage has been recovered even if the damage has yet to be recovered, the confession and reflectability of the defendant, and the fact that the defendant is the first offender, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure and Notification of Personal Information, and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.