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(영문) 부산지방법원 2018.11.07 2018고단3457
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

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

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant sent each victim of images that may cause a sense of sexual humiliation or aversion through telephone for the purpose of inducing or meeting his or another person's sexual desire at least four times as follows.

1. 2018 highest 3457;

A. On January 19, 2017, the Defendant, at around 05:04, 05:04, expressed the victim B (n, 28 years of age) with a cell phone, engaging in an act of self-defense by putting the phone on a cell phone, and the sound, scarcity, etc.

B. On May 11, 2017, the Defendant, around 04:43, 2017, sent the victim a mobile phone with the phone, resulting in the victim’s self-defacing behavior by posting the phone on his/her mobile phone, and his/her new

2. 2018 high group 3548;

A. On March 30, 2017, around 06:37, the Defendant sought approximately 36 seconds from his own house located in Busan High-gu, Busan High-gu, for the following reasons: (a) the Defendant, at his own house, sent the victim D (n't 29 years of age) with a mobile phone, with a fluence of sexual intercourse.

B. On August 27, 2017, around 06:24, the Defendant lying the phone from the victim to the mobile phone from Busan Jin-gu, Busan, Busan, with the cell phone, and “Ah, Ah, B, and B, I are too little.

I am now we see that it is today's today's today's today's today's today's today's today's today's Japan's I started with her own breab

I would like to see that it is a tax item.

“.......”

Summary of Evidence

1. Statement by the defendant in court;

2. Each police statement made with respect to B and D;

3. The application of the Acts and subordinate statutes to police investigation reports and internal investigation reports;

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

2. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed for the crimes committed on August 27, 2017, the largest penalty for concurrent crimes).

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. Article 16 (2) and (4) of the Act on Special Cases concerning the Protection, Observation, and the Punishment, etc. of Sexual Crimes against Sexual Crimes; Article 21 (2) and (4) of the Act on the Protection of Juveniles against Sexual Abuse; Article 8 (1) and (3) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses;

5. The disclosure of registered information; and

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