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(영문) 창원지방법원 2017.09.19 2017고단1977
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

1. On January 27, 2017, around 14:21, 201, the Defendant: (a) at his own home of Kimhae-si C lending B, 302; (b) to D (n, 25 years of age) for all women-friendly job offers by using mobile phones; (c) “D”;

Any message was sent to the male sex relationship subject, which read “the male sex relationship.”

2. On February 3, 2017, at around 00:19, the Defendant sent a message to the victim, using a cell phone in the same manner and at the same place as Paragraph 1, stating, “I will see and e.g., ambling. I amba. I amba. I amba. I amba. I amba.”

3. On February 12, 2017, at around 14:39 around 14:39, the Defendant, using a cell phone at the same place as in paragraph 1, would wish to do so to the victim “only once. I would like to do so. I will see dial-a-a-law to be dial-a-law. I will do so.

dial-a-a-the-job (a) sent a message to the effect that the message would be dial-a-the-job (a).

4. 피고인은 2017. 2. 18. 22:03 경 제 1 항과 같은 장소에서 같은 방법으로 휴대전화를 이용하여 피해자에게 “ 야. D 너 보지에 좀 물 마니 쌌지.

D To put in a sceptic paper.

“” sent a message of its content and his or her sexual photograph.

Accordingly, the Defendant sent words and videos that may cause sexual humiliation or aversion to the victim by using communication media for the purpose of meeting his sexual desire four times.

Summary of Evidence

Application of the Police Statement E message Details Act to Defendant’s legal statement D

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

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

3. Article 62 (1) of the Criminal Act (which means that no one has been sentenced to a suspended sentence or heavier punishment for the same crime and that he/she will not repeat the sentence;

being taken into account, such as being in progress)

4. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Defendant who has registered personal information.

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