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(영문) 의정부지방법원 2017.04.14 2017고단862

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

[criminal records] On September 19, 2014, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) at the Seoul Central District Court (hereinafter “Seoul Central District Court”) and on February 5, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor for the same crime in the same court. On October 21, 2016, the Defendant completed the execution of the said punishment in the lawsuit against the first school of North Korean Northern Branch on North Korean Peninsula.

[ criminal facts] No person shall allow another person to deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation or aversion by telephone, mail, computer, or other means of communication with intent to arouse or satisfy his/her own or another person's sexual desire.

1. On November 2, 2016, at around 14:13, 2016, the Defendant sent a phone to the victim O (e.g., age 42) by hiding the Defendant’s contact address by using the Defendant’s cell phone “services restricting the number display” from the D Public Notice Station 7 located in Jongno-gu Seoul Metropolitan Government, Jongno-gu around November 2, 2016, and then sending the Defendant’s contact address to the victim (e.g., age 42).

“Along with 14:18 past 14:22 of the same day, the victim made the victim feel a speech that may cause sexual humiliation or aversion to the victim with the intent to satisfy his/her sexual desire by stating that “Arhhhhhh. ..” to the victim by the same method.

2. On February 1, 2017, around 08:54, the Defendant 7 heading rooms in Jongno-gu Seoul Metropolitan Government Jongno-gu, and the Defendant 1 heading a telephone to the victim O in the same manner as that set forth in paragraph 1, and the Defendant 1 sent the phone to the victim.

The Constitution of the Republic of Korea has reached a speech that may cause sexual humiliation or aversion to the victim in order to satisfy his or her sexual desire by stating that it is only one time that he or she would be able to easily understand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against theO;

1. Police seizure records;

1. An investigation report (a case confirming the phone call details), an investigation report (a criminal suspect's identity), each time correspondence, and an investigation report (a report on the phone call of the victim).