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(영문) 창원지방법원 2014.03.11 2013고단2793
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

The Defendant sent a speech, sound, etc. that may cause sexual humiliation and aversion to women without any intention to meet his sexual desire by communicating it to women.

Defendant’s cell phone numbers in one’s name B using a cellular phone C, and using those connected to the victim D (V, 22 years old), a female victim:

가. 2013. 5. 20. 02:29경 김해시 E에 있는 피고인의 집에서 피해자에게 전화하여 '작은 목소리로 마치 앓는 사람처럼 끙끙 앓는 소리'와 같은 성적 신음소리를 내고,

B. At around 02:30 on the same day as the above paragraph A, the following day:

C. At around 02:31 on the same day as the above 'A', the phrase "I want to put the victim's sexual organ into 'A', 'A' and 'A', and I want to say that I would like to read 'A', 'A' and 'A', 'A' because there are many widths, 'A' and 'A'.

Accordingly, the defendant, using a telephone which is a communication medium, sent the victim a speech and sound that may cause sexual humiliation or aversion over three times.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (specific suspects);

1. Article 12 of the relevant Act on Criminal Crimes and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply) for which the selection of a punishment is made;

2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

3. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed before order;

4. If a conviction of a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant 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 is obliged to submit personal information to a related agency pursuant to Article 43 of

An order for disclosure;

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