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(영문) 대전지방법원 천안지원 2014.07.18 2013고단1844
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Criminal facts

No person shall make any speech, sound, picture, image, or object that may cause a sense of sexual shame or aversion by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or another person's sexual desire, reach the other party.

그럼에도 피고인은 2013. 10. 19. 08:57:48경부터 같은 날 16:42:35경까지 자신의 휴대전화로 B(여, 13세)에게 ‘남자랑 어디까지 해봤어 ’, ‘너 ㅅㅅ해 본 적 있니’, ‘그럼 남자가 니 꺼 만지거나 빨아준 적은’, ‘남자 꺼 만져본 적 있나’, ‘슴가는 크나’, ‘벗은 거 보구 싶다 ㅠ’, ‘벗은 거 보여주는 게 이상해’라는 등의 카카오톡 문자를 보내고, B에게 요구하여 카카오톡으로 B의 나체 사진 1매를 전송받았다.

The Defendant reached B, the other party, who caused sexual humiliation through mobile phones, with a view to meeting his own sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of Evidential Materials);

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Selection of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the Defendant for the reason of sentencing two times, where the Defendant was punished for committing a sex offense against the child or juvenile, the other party committed the instant crime, which is the juvenile of 13 years old. However, the other party again commits the instant crime, which is the juvenile of 13 years old, by taking into account all the sentencing factors shown in the pleadings, such as the fact that the Defendant is recognized and seriously against the Defendant, and

Criminal facts that are subject to the registration of personal information are sexual crimes.

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