성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
1. The defendant shall be punished by imprisonment with prison labor for four 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.
Punishment of the crime
On 04. 05. 17:35, in order to satisfy the sexual desire in the office room in Seo-gu, Seo-gu, Gwangju, the Defendant her mobile phone (D) calls to the victim E’s mobile phone by restricting the transmission of the phone to the victim E, and her voice to engage in self-defense for eight seconds.
Accordingly, the Defendant reached the other party that may cause a sense of sexual humiliation or aversion through the communication media with a view to inducing or satisfying his own sexual desire.
Summary of Evidence
1. The defendant's legal statement (as at the third public trial date);
1. Statement made by the police for E;
1. Details of victim's cell phone calls and information on purchase of cell phone numbers subject to the transmission of communication confirmation data;
1. Application of Acts and subordinate statutes to a report on investigation (related to the confirmation of the other party suspect);
1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 62-2 of the Criminal Act;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 62-2 of the Criminal Act;
1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant's wrong recognition of his/her misconduct) of the Act on the Protection of Children and Juveniles against Sexual Abuse. The defendant's age, family environment and social ties, power, content and motive of the crime, method and consequence of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that