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(영문) 서울남부지방법원 2020.05.01 2019고단6692
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The Defendant, at around 01:10 on March 30, 2019, sent an obscene message “IDB” to “D” account for the personal gram of a victim C (the victim’s name, leisure, 18 years old) after accessing the Internet at a SNS online location at around 01:10, and from that time, sent an obscene message “ID” to “D” at the victim C (the victim’s age 18).

5. Until June 16, the message sent 22 times in total using Sone Star gram, A’s message, etc., as indicated in the attached list of crimes.

Accordingly, the Defendant sent to the victim a letter that may cause a sense of sexual humiliation or aversion through telephone, mail, computer, or other communication media with intent to arouse or satisfy his or another person's sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C (tentatively named);

1. Application of the Acts and subordinate statutes to cut down Cost grams;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Probation, order to attend a lecture, Article 62-2 of the Criminal Act, Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Circumstances favorable to the reasons for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, such as the recognition of and reflects on the crime during the trial process, and the fact that there is no criminal record: The defendant's age, character and behavior, environment, relationship with the victim, motive, means and consequence of the crime, etc., and the sentencing conditions shown in the records and arguments of this case, such as the fact that the victim's family members want to be punished for about two months.

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