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(영문) 광주지방법원 2015.10.28 2015고단3393
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 19, 2015, at around 01:46, the Defendant sent a cell phone (number: C) from the Defendant’s home located in Gwangju Seo-gu building 1404 to the victim’s cell phone (number: 35 years old) so as not to display his/her phone number by using his/her cell phone (number: E) and sent a phone to “I want to do so, I want to do so, and I want to do so, I now now, and therefore, I reached the victim with a view to meeting his/her sexual desire.

2. On June 19, 2015, around 01:51, at the same place as Paragraph 1, the Defendant called the said victim in the same manner as above, and called “to do so, I want to do so, and I want to do so, I now now have reached the victim with a view to meeting his/her sexual desire.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc.;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Where a conviction of a sex offense subject to the registration and submission of personal information under Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, 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 the accused is obligated to submit personal information to the competent authority pursuant to Article

The age and occupation of the defendant exempted from the disclosure order or notification order, records of the crime, contents and motive of the crime, methods and results of the crime, the degree and anticipated side effects of the disadvantage of the defendant due to the disclosure order or notification order.

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