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(영문) 춘천지방법원 2015.09.18 2015고단675
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment for 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

On November 20, 2014, the Defendant was sentenced to imprisonment with prison labor for six months and one year of suspended execution for the crime of obstruction of performance of official duties by the Chuncheon District Court, and the judgment became final and conclusive on November 28, 2014.

The defendant is the workplace master of the victim C(31 years of age, women).

1. On July 4, 2014, around 11:36, the Defendant sent a obscenity address (F) where the Defendant’s obscenity video was posted to the victim’s cell phone using the Defendant’s cell phone Kakakaox.

Accordingly, the Defendant sent to the victim images that may cause sexual humiliation or aversion using communications media with a view to inducing or satisfying his or another person's sexual desire.

2. On September 30, 2014, the Defendant sent a sexual dynamic image to the victim’s cell phone using the Defendant’s cell phone Kakakaook at the same place as above.

Accordingly, the Defendant sent to the victim images that may cause sexual humiliation or aversion using communications media with a view to inducing or satisfying his or another person's sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. obscenity images-related photographs;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Assault Crimes and the Selection of Imprisonment with prison labor;

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. The reason for sentencing 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 an offense committed repeatedly against the victim, who is a female employee, in the workplace, and the nature of such offense is very poor. The instant offense led to the instant crime, even though the victim’s resignation, etc. did not cause considerable damage due to the crime.

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