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(영문) 광주지방법원 목포지원 2014.05.16 2014고단264

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

【2014 Highest 264】 The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using a communication medium) - From 2011 to November 2013, the Defendant was in a relationship with the victim B (or the age of 49).

1. On July 1, 2013: (a) around 05:12, the Defendant sent the victim’s cell phone pictures showing the body of the victim’s body to the victim’s cell phone by using a cell phone from 506 to Ctel 506 at a Mapopopo City.

2. On December 8, 2013, at around 23:32, the Defendant sent the victim’s sound photographs to his/her mobile phone in the same manner as that of paragraph (1) at the place specified in paragraph (1).

3. On December 8, 2013, at around 23:35, the Defendant sent the victim’s sound photographs to his/her mobile phone in the same manner as that of paragraph (1) at the place specified in paragraph (1).

As a result, the defendant reached the victim with a view to inducing or satisfying his sexual desire for more than three times, which may cause sexual humiliation or aversion through the communication media.

【Obstruction of Performance of Official Duties】

4. On March 14, 2014, at around 03:20, the Defendant: (a) received a report from the Defendant’s house “Yanpo City Ctel” in 506; and (b) reported that the slope E (45 years old) belonging to the wooden Police Station, which called the Defendant’s house, takes the front race and listen to the Defendant’s statement on the circumstances of the instant case from the Defendant’s his/her his/her his/her his/her his/her his/her his/her his/her husband; (c) assaulted E, by taking the Defendant’s bath to, in his/her hand, by pushing E, with his/her hand facing the wall; and (d) cutting off the front side of the left side of E with his/her hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning report processing by E, a police officer.

Summary of Evidence

【Each fact described in paragraphs (1) through (3) of this Article】 (The District Public Prosecutor's Office of Gwangju District Public Prosecutor's Office 2014 type 1999)

1. Defendant's legal statement;

1. Grade B of the protocol of interrogation of the accused by the prosecution

1. The police statement concerning B;

1. Letters, photographs, and text messages presented by the victim;