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(영문) 대전지방법원 홍성지원 2017.07.18 2016고단563
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment for four months.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On July 6, 2016, the Defendant called a cell phone (B) to the cell phone (E) of a victim C (W), with the intent to arouse or satisfy his/her own sexual desire at a scare 00:56 (hereinafter referred to as 00:56) on July 6, 2016, the Defendant called “a thickness for seeing Dok, Chang-gu, Gak-si,” and called “a thickness for seeing Dok-si, Gak-si,” and called the above victim by phone around July 6, 2016.

We see that we can see that we can swe can swe can see. I can see that we can swe can see, swe can see, swe can see, swe can see, swe can see, swe can see, swe can see, swe can see, swe can we can see.).

Accordingly, the Defendant sent the horses that may cause sexual humiliation or aversion through the communication media two times and sent them to the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement with respect to C and F;

1. Seven copies of a photograph of the victim's mobile phone call;

1. Application of Acts and subordinate statutes to a record;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment. Article 13 (Selection of Imprisonment)

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

1. The reason for sentencing under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order shall be the person subject to registration of personal information, on March 31, 2016, who is finally and conclusively convicted of a crime under Article 13 of the Act.

“Inasmuch as the portion was determined as unconstitutional (2015Hun-Ma688), this part of the legal provision was invalidated.

Therefore, before Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes was amended by Act No. 14412, Dec. 20, 2016, the Defendant who committed the instant crime is not subject to a personal information registration and an order to disclose or notify the personal information on the premise thereof.

A sexual humiliation shall be made to juveniles who are under the age that does not have a day-to-day system by exposing a phone.

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