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(영문) 창원지방법원 마산지원 2016.04.12 2016고단132
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, on September 16, 2015, sent obscene messages to the victim using the cell phone numbers (B) opened on September 16, 2015, which are used by the 15th anniversary of the victim C (Y, 15 years of age) to the victim, using an opportunity to communicate with the victim with the Kakao Stockholm.

On October 2, 2015, the Defendant uses a mobile phone from the Defendant’s taxi operating in an irregular place on October 15, 2015 to the victim’s “pact too bad and bad”;

Along with Kakao Stockholm messages, “Iskh and domin,” was sent to the Republic of Korea.

At around 13:10 on October 4, 2015, the Defendant, including this, “I wish to do so without O, so you want to do so, so that I wish to do so, and you can do so, at the same time,” and at around 09:49 on October 6, 2015, the Defendant “IO am I am I am I am. I am.

It shall be well-known and promptly required

“,” and around 17:51 on October 12, 2015, e.g. “O sc and, if any, scriptive

쫄깃쫄깃 하게 네 요맛도 있게 네”, 2015. 10. 13. 06:02 “OO 씨보지도 맛 있거다

No. 1, 15:16 on the same day, and 15:16 on the same day, “O sc and good if the interest is deferred.”

보지에 곱아서 푹 자고 십 어요

“The Kakao Stockholm message sent.”

Accordingly, the Defendant reached the other party that may cause sexual humiliation or aversion through the communication media with a view to meeting his own sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes to photograph the Kakao Stockholm;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes (a comprehensive selection of imprisonment, with prison labor);

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

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

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) of the same

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