성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
A defendant shall be punished by imprisonment for not less than eight 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
The Defendant confirmed that an emergency call is possible by using a cell phone of “public machinery” without being admitted to a radio operator, and called “17 school violence reporting center (emergency call 117)”, and tried for women to use a obscene phone with which they receive a telephone.
On April 15, 2016, around 06:36, at the defendant's house located in Busan District District, the Defendant opened the phone to the 117 School Violence Report Center using the above mobile phone, and made the victim E, an employee of the above center, who was called, reach one minute 2 seconds of the sexual sexual intercourse with the sexual sexual intercourse, and caused such female to feel sexual humiliation or aversion. In addition, the Defendant, at the same time and at the same place, sent the victim nine times in total from around that time to August 5, 2016 in the same manner, as indicated in the list of crimes in the attached Form.
Accordingly, the defendant sent the victims the words, sounds, which may cause sexual humiliation or aversion through telephone, with a view to inducing or satisfying the sexual desire.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to F and G;
1. Application of respective laws and regulations of H, I, E, J, K, L, M and N;
1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment Thereof;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act)
1. Where a judgment becomes final and conclusive on the registration of personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an order to attend a lecture or an order to provide community service, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is to submit personal information to the competent agency