Violations (obscenity using a media)

In a state where the Defendant lacks the ability to discern things or make decisions due to the disability of a practical judgment and accident, the Defendant:

1. 2006. 9. 5. 08:56경 대구 소재 장소불상지에서, 피고인의 휴대전화번호 : ■)를 이용하여 피해자 000(여, 25세)의 휴대전화(번호 : ■)로 "00양의 사랑스러운 엉덩이 만나고 싶어라 내 마음 두근두근 너를 사랑해.. 한■■' 이라는 내용의 문자메시지를 보낸 것을 비롯하여, 그때부터 같은 해 10. 15. 12:10경 까지 사이에 별지 범죄일람표 1 기재와 같이 총 16회에 걸쳐 피해자의 휴대전화로 성적 수치심이나 혐오감을 일으키는 내용의 문자메시지를 보내 자기의 성적 욕망을 유발하거나 만족시킬 목적으로 통신매체인 휴대전화를 통하여 성적 수치심이나 혐오감을 일으키는 글을 상대방인 피해자에게 도달하게 하고,

2. 2006. 9. 23. 08:02경 대구 소재 장소불상지에서, 피고인의 위 휴대전화를 이용하여 피해자 AAA (여,22세)의 휴대전화 번호: ■■)로 " 너무 너무 예쁘니 만히 만히 만져주고 뽀뽀해야겠어요.. 한■■"이라는 내용의 문자메시지를 보낸 것을 비롯하여, 그때부터 같은 해 10. 11. 21:47경 까지 사이에 별지 범죄일람표 2 기재와 같이 총 7회에 걸쳐 피해자의 휴대전화로 성적 수치심이나 혐오감을 일으키는 내용의 문자메시지를 보내 자기의 성적욕망을 유발하거나 만족시킬 목적으로 통신매체인 휴대전화를 통하여 성적 수치심이나 혐오감을 일으키는 글을 상대방인 피해자에게 도달하게 하고,

3. On September 11, 2006, at the location in Daegu, around 21:09, the Defendant’s cell phone (number: 27 years old mobile phone) using the above mobile phone of the victim V (hereinafter referred to as “the victim’s cell phone number”) wanting to report a love Vtha with dial-a-mail. He sent one text message from the time to October 13, 19:35 of the same year, from that time up to October 13, 2006, he sent a text message that may cause sexual humiliation or aversion with the victim’s cell phone over 12 times in total, as shown in the attached Table 3, and sent a text message that may cause sexual humiliation or aversion through telephone, which is a communication medium, to arouse or satisfy the victim’s sexual desire.

Summary of Evidence

1. Each statement that the witness 00, AA, and V comply with the requirements set forth in this Court;

1. 사법경찰리가 작성한 ■■■에 대한 피의자신문조서(증거목록 순번 14) 중 000, , VVV, AAA에 대한 대질신문 부분의 진술기재

1. Each statement prepared by the assistant judicial police officer in relation to 00, AA, and V, respectively, and each statement corresponding thereto;

1. Each entry in the complaint prepared by 00, AA, and V:

1. Each statement and photographic image of each investigation report (the Nos. 4, 5.9.10, 15) prepared by the assistant judicial police officer;

1. Entry in the currency details (No. 12 in the inventory of evidence);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Each fact in the judgment: Article 14 of the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (amended by Act No. 8059 of Oct. 27, 2006)

1. Mitigation of mental disorders;

Articles 10(2) and (1), and 55(1)3 of the Criminal Act

1. Aggravation of concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes as stated in attached Table 1-1 of the List of Crimes with the most serious offense) of the Defendant’s offense and the reason for sentencing are as follows: (a) there is no fact that sending text messages to the victims several times at the time of the date and time indicated in the facts charged; and (b) there is no fact that the Defendant sent text messages to the victims several times; (c) the victims asserted that the text messages received from the Defendant were arbitrarily fabricated and filed a complaint against the Defendant.

However, according to the evidence mentioned above, the defendant sent text messages that cause sexual humiliation or aversion to the victims as stated in the facts charged without any reasonable doubt (According to the results of the inquiry into LG Telecom Co., Ltd. by this court, it is technically impossible to manipulate the text messages by the receiver as claimed by the defendant).

According to the records, the defendant, who was hospitalized in the military as a result of a mental fission during the military service and was hospitalized in the military, was suspected of committing the crime, which shows that he was sentenced to a five-year suspended sentence on April 29, 1997, by committing the crime, such as murder, attempted murder, etc., and was sentenced to a five-year suspended sentence on April 29, 1997. In full view of all the circumstances, such as the investigation agency of the defendant and the defendant’s attitude to make statements in this court, it is doubtful that the defendant did not commit each of the crimes of this case in a state where the defendant lacks the ability to discern the vision of an object due to such mental disorder, or the ability to act or make a decision as a consequence of such change. However, since the defendant cannot be deemed to have completely lost his ability to assume responsibility, the defendant cannot be exempt from criminal liability for each of the crimes of this case.

The Defendant continuously sent text messages that may cause sexual humiliation and aversion to the unmarried women who were only in the vocational specialized school over several times, and repeated sending text messages and voice messages of the same content even though the victims urged them to stop such acts. This act by the Defendant is not only to have unmarried female victims feel sexual humiliation but also to seriously infringe upon the privacy of the victims, and thus, is highly likely to be subject to criticism. Accordingly, the victims suffered considerable damage due to symptoms, such as infeass, apprehensions, neutism, etc. for a considerable period of time. Even under the process of the trial of the instant case, the Defendant was consistent with the defense that it is difficult for them to understand, and even even during the process of the trial of the instant case, it does not go against all the purport that some victims may feel sexual humiliation or incur damage unless they give a testimony favorable to file a complaint or give a favorable testimony. In light of this, the possibility of recidivism by the Defendant is also not sufficient from the victims.

Considering such various circumstances, considering that the Defendant was physically and mentally weak at the time of each of the instant crimes, it is determined that the Defendant’s punishment should be imposed to the extent that it does not go beyond the upper limit of liability and the Defendant’s criminal liability should be strictly compelled to prevent the recidivism of the Defendant. Therefore, the sentence is determined as above.

Judge Cho Jong-he

Judges Yoon Jae-won