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(영문) 서울북부지방법원 2014.08.20 2014고단1364

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No writing, etc. that may cause a sense of sexual humiliation or aversion through telephone or other communications media shall be delivered to the other party for the purpose of inducing or meeting his/her own or the other person's sexual desire.

1. On July 9, 2013, around 15:17, the Defendant sent text messages, using mobile phones (D) to satisfy his/her sexual desire, to E, who is a counselor at a multilateral call center, that may cause sexual humiliation with the content of “Awhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

2. On February 17, 2014, at around 23:22, the Defendant sent text messages, using mobile phones (F) to satisfy his/her sexual desire, which cause sexual humiliation, to G, a counselor at a multilateral call center, with a view to meeting his/her sexual desire.

3. 피고인은 2014. 2. 17. 23:37경부터 23:41경까지 사이에 서울 이하 불상의 장소에서, 자신의 성적 욕망을 만족시킬 목적으로 휴대전화(D)를 이용하여 다산 콜센터의 상담사인 H에게 ‘헤헤헤헤헤 그럼 나랑 잘래요 ^^’, ‘음란 너가 음란한거 아니야 그냥 잔다그랬지 섹스하자고했냐 별꼴이야’라는 내용의 성적수치심을 일으키는 문자메시지를 전송하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of E and H;

1. Application of the Acts and subordinate statutes to the complaint;

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

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

1. Articles 70 and 69 (2) of the Criminal Act (in cases of the inducement in a workhouse, one hundred thousand won a day);

1. The reason for sentencing under Article 59(1) of the Criminal Act (a grace period: a fine of five million won) is not to be mitigated. However, the Defendant’s first offense without any previous conviction is against the Defendant’s depth.