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(영문) 대구지방법원 경주지원 2017.02.01 2016고단652
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

Since 10 years ago, the Defendant frequently visited the stadium hand, marked the student’s photograph, which is a handbball player, and posted it on the Internet “B Kap” Na, and then sent it on the Internet “C”. As a result, the Defendant sent a contact with the victim D(12, 12, 12, and c) who is the O elementary school handball players.

Of that, on June 14, 2016, the defendant sent the victim's chest photographs by using the victim's cell phone (F) at the defendant's house located in racing E at around 05:53 on June 14, 2016, and by affixing the victim's chest photographs while exchanging conversations through C Mesen (Ah G).

In other words, the victim refused the request, and the victim sent the victim a nudy photo of another woman's nudy to the victim at this time, "I expect that this degree would have been shown".

피고인은 이에 그치지 않고 자신의 성기를 촬영한 사진 2 장과 전체 알몸을 촬영한 사진 1 장을 피해자에게 전송하면서 “ 평상시 작다가 오줌 매렵거나 성적 흥분하면 커져, 여자가 흥분하면 가슴 젖꼭지가 커지는 걸로 알고 있지” 라는 등의 메시지를 보냈다.

As a result, the Defendant sent to the victim letters, pictures, etc. that cause sexual humiliation or aversion through mobile phone communication media with a view to meeting his/her sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of the statutes on the receipt and report of sexual assault cases against children with disabilities, stenographic records, C Messens-ssens-facs-facs-facs-facing photographs

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Special cases concerning the punishment, etc. of sexual crimes exempt from disclosure and notification orders;

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