(영문) 광주지방법원 2017.04.28 2016고단5380

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2017.04.28 2016고단5380

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등

Text

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

2. The accused shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant and the victim AE (n, 23 years old), the victim AF (n, 21 years old) came to know through "C", a smartphone, and the victim AE is class 3 of intellectual disability and the victim AF is class 2 of intellectual disability.

1. No person who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) shall deliver any words, sound, writing, picture, image, or object that may cause a sense of sexual shame or aversion to another person by telephone, mail, computer or other communications media, with intent to arouse or satisfy his/her or the other person's sexual desire;

On June 19, 2016, the Defendant sent the message to the victims 19 times in total, with the knowledge that the victims used the Handphones of the victim AE with the victim, while conducting Zing with the victims through Zing display, the Defendant sent the message to the victims for the purpose of meeting the Defendant’s sexual desire, and then sent the message to the victims 19 times in total as shown in the annexed sheet of crime in the annexed sheet of crime.

As a result, the Defendant sent to the victims a letter that may cause sexual humiliation or aversion through a cellular phone, which is a communication medium, with the aim of meeting the sexual desire.

2. During the process of hosting with the victims, the victims thought that the victims might have an intellectual impediment as they used the same horses repeated and familiarly, and that the victims would have expressed the victims with a video call to the victims, and that they threatened the victims by means of talking with the victims several times by telephone or text, etc., in order to receive a video transmission from the victims, including a photograph of the victims' chests and sound descriptions, and a page where the victims talk with their chests and sound descriptions, and the victims talk with them.

On June 19, 2016, the Defendant is on the rank of around 21:10.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법

유사 판례

-춘천지방법원 원주지원 2016.02.03 2015고단997

-인천지방법원 2019.11.29 2019고합668

-대구지방법원 서부지원 2014.02.20 2013고단1675

-서울동부지방법원 2014.01.14 2013고단2185

-서울동부지방법원 2019.07.18 2019고단1317