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(영문) 서울북부지방법원 2016.05.12 2016고단231

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 2015, the Defendant came to know of the face of the victim C (n, 46 years old) (n, 46 years old), which was disclosed to the Pest North of the Pest, and came to have a dual sense with the victim, and was registered as the victim's friendship, using a personal computer, which is a communication medium, at the defendant's home located in Seongbuk-gu Seoul Metropolitan Government, around July 25, 2015, the Defendant visited the Kakao Stockholm Stockholm from the defendant's home located in Seongbuk-gu Seoul Metropolitan Government, using a personal computer, which is a communication medium, and then connects the victim'

On September 5, 2015, from that time, from September 2015, 200 to September 38, 2015, “the victim sent each text that may cause sexual humiliation or aversion to the victim through a communication medium for the purpose of inducing or meeting the sexual desire of the Defendant or the victim 18 times in total, as shown in the List of Crimes, and sent each text to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of text;

1. Application of Acts and subordinate statutes in all the contents of conversations from Facebook;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the corresponding provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (to be punished by imprisonment, respectively, collectively, with prison labor), each of which is applicable to the crime;

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 suspended execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

The decision is judged.