성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
1. The defendant shall be punished by imprisonment with prison labor for six months;
2. The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Punishment of the crime
On March 22, 2017, at around 02:55, the Defendant called the Defendant’s cell phone number from the Defendant’s home located in Seo-gu, Seo-gu, Gwangju, and 1404, that the Defendant sent the Defendant’s cell phone number not to appear to the other party to the phone, and that the Defendant called “Do Do Do Do Do Do Do Do Do Do Do Do Do and I Do Do Do Do Do Do Do Do Do Do Do Do Do Do do Do do Do do Do
Accordingly, the Defendant reached the victim with the intent to arouse or satisfy his sexual desire, which may cause sexual humiliation or aversion through telephone.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of the photographic Acts and subordinate statutes by capturing a telephone record;
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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant's wrong recognition of his/her misconduct) (the defendant's age, family environment and social ties, power, details and motive of the crime, method and consequence of the crime, the degree of disadvantage and anticipated side effects of the defendant's injury caused by an order to disclose or notify information, the preventive effect and effect of the sexual crime subject to registration that can be achieved therefrom, the effect of protecting the victims, etc. shall not be disclosed or notified.
Since it is judged, no order shall be issued to disclose or notify the defendant.
The reasons for sentencing are as follows.