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(영문) 서울남부지방법원 2016.05.13 2015고단3423
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant became aware of the victim D (21 tax) mobile phone numbers through the Internet C.

1. On December 8, 2014, the Defendant committed a crime on or around December 8, 2014: (a) calls from the victim’s cell phone to the victim to ensure that the phone number is not indicated to his/her own cell phone (E) at an insular place around 01:51 on December 8, 2014; and (b) calls from the victim to the victim’s cell phone; and (c)

B. At present, the words "I am the same as rice," which cause sexual humiliation or aversion, have reached.

2. On December 9, 2014, the Defendant committed the crime at around December 13:51, 2014, in light of the direction of 58,88, and Article 58 of the evidence evidence record, the phrase “13:50 in the indictment” as stated in the indictment is clearly a clerical error in the “13:51 in the indictment,” and even if the correction is made without any changes in the indictment, it does not seem that the Defendant’s exercise of the right to defense would be practically hindered. Accordingly, the correction is made ex officio.

In order to prevent the transmission number from being indicated in one’s cell phone (E) at a non-place, the victim’s cell phone calls to the victim’s cell phone, and gives the victim a new voice, and “I am now at present. I am yman, I am soon inside, and I am satch,” so that they have reached a sense of sexual humiliation or aversion.

3. On January 18, 2015, the Defendant sent a speech that may cause sexual humiliation or aversion by phone call from the victim’s cell phone to the victim’s cell phone (E) so that the phone number cannot be displayed at a closed place around 18:45 on January 18, 2015.

Summary of Evidence

1. Legal statement of witness F;

1. Entry of the witness D and G in the third public trial records;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the prosecution with regard to D;

1. Application of Acts and subordinate statutes, such as investigation reports (Analysis and report of monetary details) and telephone conversations details;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crimes and the choice of punishment;

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