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(영문) 서울서부지방법원 2017.01.18 2016고단3414

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 8, 2016, at a place where it is unknown at around 13:18, 2016, the Defendant sent the text message “A” to the cell phone of the victim D (n, 43 years old) working as an employee in C’s restaurant operated by the Defendant using a mobile phone, and from that time, sent the text message “A” to the victim D (n, 43 years old).

7. From 14:02 up to 16.14:02, the horses and images that may cause sexual humiliation or aversion to the victim by telephone with a view to inducing or satisfying another person’s sexual desire over 48 times, such as the list of crimes committed in the annexed list.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on the reception of text messages;

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 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. A person who repeatedly repeats the words causing sexual humiliation during the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the Order to Attend the lecture and appears to have caused a large sense of shame for the sentencing of the sentence, six months shall be sentenced to imprisonment, but the execution of the sentence shall be suspended, and protection shall be observed to prevent recidivism shall be ordered and taking into account the health conditions, such as receiving hospitalized treatment on the ground of mental illness after the date on which the facts constituting the crime are stated,