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(영문) 부산지방법원 2019.09.06 2019고단1130
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
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 of the final judgment.

Reasons

Punishment of the crime

【Criminal Power】 On January 18, 2019, the Defendant was sentenced to a suspended sentence of two years on October 26, 2019, for special intimidation, etc. at the Busan District Court’s Branch Branch Branch, and the said judgment became final and conclusive on January 26, 2019.

【Criminal Facts】 From January 2017 to March 2018, the Defendant was living with the victim C at the victim’s house located in Busan Jung-gu, Busan, and was living in Busan Jung-gu, where on March 12, 2018, a decision was rendered to leave the victim’s residence and to prohibit access to the victim.

No person shall allow another person to deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual shame or aversion by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or another person's sexual desire.

1. Nevertheless, around April 8, 2018, the Defendant, at the Defendant’s house located in Busan Jung-gu, Busan, taken the Defendant’s sexual organ with the Defendant’s cell phone (E) in order to arouse or satisfy the Defendant’s sexual desire, and sent the Defendant’s sexual organ to the victim’s cell phone (F) with the message “to kill” and sent it to the victim’s cell phone (F) so as to cause a sense of sexual shame to the victim.

2. On April 11, 2018, the Defendant continued to do so at around 00:34.

At the place described in the paragraph, the Defendant taken the Defendant’s sexual organ with the Defendant’s cell phone for the purpose of inducing or satisfaction with the Defendant’s sexual desire, and the photograph “Is the Defendant’s sexual organ sent to the victim’s cell phone and sent it to the victim’s speech and image that may cause a sense of sexual shame by sending it to the victim’s cell phone with the “Is the Defendant’s cell phone every day during the Ethical period.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Each photograph;

1. Previouss before and after judgments: Criminal history records, investigation reports (report on the results of confirmation before and after dispositions), and copies of judgments shall be applied to the Acts and subordinate statutes; and

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