성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
[criminal history] On January 10, 2019, the Defendant was sentenced to eight months of imprisonment for special injury, etc. at the Daegu District Court, and completed the execution of the sentence at the Daegu Prison on June 27, 2019.
[Criminal facts] The Defendant and the victim B (the 57-year-old age) are as follows: (a) the victim had agreed on the assault case to the Defendant’s female living together with the Defendant; and (b) the victim came to know in contact.
1. On September 6, 2019, at around 22:48, the Defendant sent a text message stating that the Defendant used C’s mobile phone (E) at the Defendant’s place of residence located in Daegu-gu, Daegu-gu, to “6th day of a bit of bit of a bit of a bit of a bit of a bitch.”
2. Whether the Defendant’s cell phone from February 8, 2020 to February 20:30 of the same day, using the Defendant’s cell phone (F) at the same place as the same as the above 1. paragraph, deemed to be the victim’s cell phone.
Whether it is deemed as soon as possible, or whether it is a family member or not.
The message was sent as “.....”
As a result, the Defendant sent words and comments that may cause sexual humiliation or aversions to the victim through communications media for the purpose of inducing or satisfying his or another person's sexual desire.
Summary of Evidence
1. Before the defendant's legal statement B was recorded in his/her photograph of a text message of each police statement written by the defendant: The application of a reply to inquiry, such as a criminal history, a report on investigation (verification of the criminal records of the suspect), and the current status of acceptance by each individual;
1. Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 17264 of May 19, 2020) and Article 13 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 17264 of
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 on Special Cases concerning the Punishment, etc. of Sexual Crimes committed to order to complete a program under Article 70(1) and Article 69 of the same Act;
1. The Defendant’s crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is the victim.