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(영문) 청주지방법원 제천지원 2018.04.19 2017고단432
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant of “2017 Highest 432” from October 3, 2017 to October 14:58, 2017, at the Defendant’s house located in 16:25 around 16:5, 2017, at the Defendant’s house located in 103-dong C Apartment 604, by putting a phone to the victim D by using a mobile phone, and called “this pantyless color.” In addition, from that time, the Defendant from October 26, 2017 to October 58, 2017.

1. In five times as indicated in the crime sight list, the victim sent words, sounds, which may cause sexual humiliation or aversion using a cell phone, which is a communication medium, to the victim.

“Around June 22, 2018 Highest 31, 2016, the Defendant 01:29, at the Defendant’s house located in Seocheon-si, C apartment 103 Dong 604, the Defendant, using a mobile phone, calls from the victim E (the age of 20) to use the mobile phone, and thereby, “packer dykes” to the Defendant;

Co., Ltd. (hereinafter “Co.”). From that time until November 6, 2017, attached Form 1:16, including the phrase “Co., Ltd.”

2. Along four times, as indicated in the crime sight list, the horses and sounds that cause sexual humiliation or aversions using cell phones, which are the communications media, were sent to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A criminal investigation report of the 2017 High Order 432 (Attachment to the recording of a victim's currency), a criminal investigation report (investigation into details of the recording of a victim's currency), a criminal investigation report (Attachment to the statement of a suspect's currency), a criminal investigation report (Submission of a file of a telephone recording), a telephone record (Submission of a suspect) and a telephone recording CD;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of a record) of the 2018 Height 31, investigation reports (Attachment to the screen by cutting down a signal number prohibition);

1. Relevant Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. (to select a fine, comprehensively for each date of crime);

1. A person who has committed a crime under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act [a person who has committed a crime against victims E with heavier penalty].

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