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(영문) 춘천지방법원 원주지원 2017.08.10 2017고단321

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 3, 2016, the Defendant: (a) called “satisfying by distribution; (b) 321” by posting a phone call from the victim D (the 20 years of age) to the cell phone of 00:50 on December 3, 2016; (c) “Satfying by distribution; and (d) ;” (d) in a new voice; and (c) in a same manner as in around 01:01 on the same day, the Defendant continued to open the phone to the said victim with a new voice; and (d) “I want to be opened to vatfy.”

He wishes to become a son's will.

The outline of delivery of new lusium

“A sound that causes sexual humiliation and aversion to the victim, with the intent to satisfy his/her sexual desire, has reached each other, with the aim of meeting his/her sexual desire.

On December 8, 2016, the Defendant sent a sound that may cause sexual humiliation and aversion to the said victim with a cell phone of the victim E, 1005 from around 09:30 to 20:00 on December 8, 2016.

Summary of Evidence

"2017 Highest 321"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of the currency between the suspected criminal suspect and the victim;

1. Domestic investigation reports (net 30 times) 2017 Highest 493;

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to written victims;

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

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

1. Where a judgment becomes final and conclusive on the registration of personal information in accordance with Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the accused is obligated to submit personal information to the competent agency pursuant to

The age, occupation, risk of recidivism, type of crime, motive, process of crime, result and seriousness of crime of the accused of the disclosure order or notification order.