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Reasons
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(영문) 부산지방법원 2015.09.16 2015고단3871
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant became aware of the contact point of the victim D (n, 16 years of age) through I's child C.

Defendant,

1. On April 20, 2015, around 23:48, in the event of the Defendant’s residence in Busan Jin-gu, Busan, by posting a telephone with a Handphone of the victim, let the victim come to the victim within the fluence;

2. On April 20, 2015, at around 23:52, at the same place as described in paragraph (1), calls from the victim by using a Handphone, allowing the victim to listen to the victim in a fluence;

3. On April 22, 2015, at around 23:47, at the same place as described in paragraph (1), calls from the victim by using a Handphone, allowing the victim to listen to the victim in a fluence;

4. On April 25, 2015, at around 23:31, at the same place as described in paragraph (1), calls from the victim by using a Handphone, allowing the victim to listen to the victim in a fluence;

5. On April 29, 2015, at around 23:38, at the same place as described in paragraph (1), calls from the victim’s cellphones to use a Handphone, allowing the victim to listen to the victim in a fluence;

6. On May 2, 2015, around 23:24: (a) at the same place as indicated in paragraph (1), the victim sent a telephone to the victim’s Handphone, and caused the victim to have his/her fluorical opportune, thereby leading the victim to reach a sound capable of causing sexual humiliation with a view to meeting each other’s sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a report on investigation (Presentation of the monetary records of the accused);

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

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, in light of the fact that the defendant appears to have committed a crime and

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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