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(영문) 의정부지방법원 2017.03.24 2016고단1268
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment for six 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

Around October 15, 2015, the Defendant made an obscene phone call to the victims C, who became aware of the mobile phone numbers of the victims C (one year old, 17 years old and 17 years old) and D (one year old, 17 years old). On October 12, 2015, the Defendant sent a phone call to the victims C at around 16:52 of the Defendant’s residence located in Guri-si E, to “I want to see, I would like to see, I would like to see,” as shown in the list of crimes in the attached list of crimes, by October 15, 2015.

Accordingly, the defendant sent the victims the words that may cause sexual humiliation or aversion through the communication media with the aim of meeting his sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. Answer of respective data verifying communications;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements from the victim D party telephone);

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, in relation 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. Where a conviction becomes final and conclusive on the facts constituting the crime in the judgment that is subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the accused is obligated to submit personal information to the competent agency

Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes comprehensively take into account the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the protection effect of the victim, etc.

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