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(영문) 부산지방법원 2018.12.12 2018고단4239

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant reached the victim B (the age of 37) (the age of 37) with a view to inducing or meeting his or another person’s sexual desire on two occasions, by means of telecommunication, such as telephone, etc., causing a sense of sexual humiliation or aversion.

1. On July 21, 2018, at around 00:50 on July 21, 2018, the Defendant sent the image image to the Defendant’s dancing, which leads the victim to a limitation on the phone number display to the victim in Busan, Daegu, Daegu, by putting his face on the victim, leaving her face in color pande, and embling her panty, and emblocks and emphasizes her sexual flag.

2. On August 23, 2018, at around 23:04, the Defendant sent video images to the victim at the above house with a view to putting up a video call by restricting the phone number display, and kiding panty panty only when she was shot and shakeing the sexual whistle.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by the police against B;

3. Application of film-related Acts and subordinate statutes stored in the CD.

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

2. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes as provided for in paragraph (2) of the same Article, of which the circumstances are heavier).

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

4. Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes committed by an order to attend a course;

5. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

6. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes Exempted from disclosure and notification order of registered information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant seems to have committed each of the crimes of this case, the fact that he/she appears to have committed the crimes of this case, and that he/she repents his/her mistake while recognizing all of his/her crimes, and there is no history of having been