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(영문) 광주지방법원 목포지원 2018.12.14 2018고단973
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

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

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

Reasons

Punishment of the crime

The Defendant, as a taxi engineer on April 2018, called that he would use a taxi by making a name to the victim B (15 years of age, female) boarding the taxi and by making a call from the taxi.

1. On July 9, 2018, the Defendant: (a) used a mobile phone at the place of residence in the Southern Cancer-gun C around 22:58 on July 9, 2018; and (b) used the mobile phone to see one

After sending a text message "I see at the time of doubt, I sent it to the victim's cell phone, and sent a obscene video file in which both men and women engage in sexual intercourse with the victim's cell phone.

2. On July 10, 2018, the Defendant: (a) at the same place as that of No. 22:09 around July 10, 2018, the victim was a low student, and (b) did not do so in any way.

only their sending

Even though it was clearly stated that it was the victim's cell phone, the victim's obscene video files were sent to the victim's sexual intercourse with the victim's cell phone.

3. On July 12, 2018, at the same place as the victim’s cell phone at around 19:44, the Defendant sent a obscenity video file in which both men and women have sexual intercourse with the victim’s cell phone at the same time as paragraph (1).

As a result, the Defendant reached the images, etc. that may cause sexual humiliation or aversion to the victim three times through mobile phones with a view to inducing or satisfying his or another person's sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographs of each evidence;

1. Application of the reporting Acts and subordinate statutes as a result of digital evidence analysis;

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

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

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against which an order to attend school is issued;

1. The defendant is finally and conclusively convicted of the facts constituting the crime of determining the duty to register and submit personal information under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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