성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On March 28, 2020, the Defendant sent a voice that may cause sexual humiliation and aversion to the victim D (hereinafter “B3 years old”)’s cell phone with a view to meeting his/her sexual desire at around 03:41 on March 28, 2020, by phoneing to the cell phone of the victim D (hereinafter “Aererer, 23 years old”) with a method of limitation on the phone number display.”
2. On April 8, 2020, the Defendant sent a voice that may cause sexual humiliation and aversion at around 00:50 around April 8, 2020 to the victim’s cell phone with a view to meeting his/her own sexual desire at the places indicated in paragraph (1) around 00:50, and the Defendant called “A, A, A, A, A, P, P, P, P, P, P, P, C, and C, P, A, A, A, P, P, C, I, I, and C,” and sent a voice that may cause sexual humiliation and aversion.
Summary of Evidence
1. Application of the Acts and subordinate statutes governing inquiries into data for confirmation of the fact of communications by recording the contents of telephone conversations prepared by the police statement D with regard to the defendant's legal statement D and recording files for confirmation of the fact of communications;
1. Article 13 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) concerning the crime
1. Article 56(1) main text of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 17338, Jun. 2, 2020); Article 56(1) main text of Article 56(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment of Concurrent Crimes (amended by Act No. 1738, Jun. 2, 2020); Article 59-3(1) main text of the Welfare of Persons with Disabilities Act, on the grounds of sentencing, the following circumstances and the age, sex, family environment, motive, means and consequence of the crime, the circumstances after the crime, etc., shall be considered and determined as the order of punishment as stated in the instant records and arguments.
Unfavorable circumstances: the defendant committed the same kind of crimes with respect to two victims even in 2018.