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(영문) 광주지방법원 2018.02.09 2017고단5338
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

1. The defendant shall be punished by imprisonment with prison labor for four months;

2. The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[criminal history] On June 30, 2011, the Defendant was sentenced to four years of imprisonment with prison labor for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) at the Gwangju High Court, and completed the execution of the sentence at a military prison around October 4, 2014.

[Criminal facts]

1. On March 1, 2017, from around 07:36 to around 13:31 of the same day, the Defendant: (a) placed 23 telephone calls from the Defendant’s home located in the Republic of Korea (R) to the mobile phone (R) of the Victim P using his mobile phone Q in the name of the Defendant; and (b) placed 23 telephone calls from around 07:36 to around 13:31 of the same day; (c)

One set of contracts;

“Around the 5th day of the same month to 21:4 times from around 19:11 to around 21:44 of the same month, and three times from around 11:34 of the same month to around 11:37, respectively, from around 11:34 of the same month to the victim by the same method as above, and “a person can see”

The phrase, “,” etc. sent a victim with the intent to satisfy his/her own sexual desire, thereby causing a sense of sexual humiliation through telephone.

2. On October 17, 2016, from around October 25, 2016 to around October 25, 2016, the Defendant committed a crime against the Maternal and Nursing Victim S: (a) at the home of the Defendant’s office located in Nam-gun, Nam-gun; (b) by using his mobile phone Qua in the name of the Defendant, calls from the mountain father and the hospital located in Incheon Nam-gu, Incheon; and (c) on several occasions, the Defendant sent the horses that cause a sense of sexual humiliation to the victims through telephone for the purpose of meeting their sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police in relation to P and S;

1. A criminal investigation report (Attachment to the victim's phone number, etc.), a criminal investigation report (temporary specification of telephone communications), the details of sending the victim's station, and a request for provision of communications data;

1. Previous convictions: Criminal history inquiry, investigation report (the confirmation of a case and repeated crime during a trial) and the current status of individual confinement.

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