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(영문) 전주지방법원 군산지원 2016.09.02 2016고단453
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. No person prosecuted shall allow another person to have a speech that may cause a sense of sexual humiliation or aversion by telephone or other communications media with intent to arouse or satisfy his/her own or another person's sexual desire;

Nevertheless, the Defendant:

1. 2015. 6. 24. 15:48경 피고인의 휴대전화를 이용하여 C 상담센터에 전화를 걸어, D상담원인 피해자 E(가명, 여, 39세)에게 피고인이 F에 올린 글을 왜 삭제했냐면서 따지다가 “씹할년이 지랄해 쌌네, 개같은 년아, 씹할년아, 좆까고 있네, 보지를 찢어 버릴팅게 씹할년아” 등 여성 성기를 지칭하는 말을 하였고,

2. On December 11, 2015, around 11:45, the Defendant’s mobile phone calls to the C Counseling Center using the Defendant’s mobile phone, and the said victim refers to the Defendant’s sexual organ, including “to see see see see it, tearing it, cut off, cut off, cut off, Chewing, and seeing.”

Accordingly, the defendant reached the victim with a view to inducing or satisfying sexual humiliations, which causes sexual humiliation or aversion through telephone.

2. According to the records of this case, the Defendant took phone calls to the C Counseling Center to the effect that the writing posted on “F”, which is the website of the Internet search portal, was arbitrarily deleted, and that the present government took a bath to the effect that he infringed on his human rights. During that process, the Defendant took words as stated in the facts charged, as well as the victims, and other counselors took a warning and obsives as stated in the facts charged. In full view of the relationship between the Defendant and the victim, such as the above recognition, the circumstances leading up to the said remarks, and the content of the abusive, the evidence submitted by the Prosecutor alone would lead the Defendant to sexual humiliation at the time of this case.

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