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(영문) 대구지방법원 2019.06.25 2019고단1795
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of four million won.

The defendant shall complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On March 13, 2019, the Defendant was sentenced to imprisonment with prison labor for the violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch on October 10, 2019, and the sentence was finalized on March 21, 2019.

No person shall have the other party deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation or aversion by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or the other person's sexual desire.

피고인은 2019. 3. 5. 15:39경부터 같은 날 18:15경 사이 대구 동구 신암동 큰고개오거리 부근에 있는 상호 불상의 여관에서, 전 직장동료인 피해자 B(여, 42세)에게 피고인의 휴대전화를 이용하여 C으로 ‘선남선녀 있는데 함하자’, ‘존댓말하지 맛ㄴ고 ㄱ와서 해줘’, ‘찌랠 울 둘이 함 하믄더ㅓ’, ‘당신 보지 보고잡다 ㅋ’, ‘오징어 냄새도 맡고 잡고’라는 문자메시지를 전송하였다.

Accordingly, the Defendant sent to the victim a letter that may cause sexual humiliation or aversion through mobile phones with the aim of inducing or satisfying his own sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint;

1. The police statement concerning B;

1. Previous convictions in judgment: Criminal records, investigation reports (verification during the present period of suspension of execution), and application of statutes governing judgment;

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 fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. According to the proviso of Article 42(1) of the Criminal Procedure Act, Article 334(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in which no personal information is registered and no obligation to submit is available, a crime under Article 13 of the Act on the Punishment

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