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(영문) 광주지방법원 2018.10.31 2018고단1611
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
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

1. On February 28, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) against the victim F (the husband’s division is coming to 58 years old) who was known through E in the D Hospital located in Gwangju Mine-gu, Gwangju, for the purpose of meeting his sexual desire at around 20:00, “Around February 28, 2018, the Defendant would be against the breabbbbbbed against the victim F (the husband’s division is coming to 58 years old).

Until now, water can also go through a large number of Doz. Doz. Doz. Doz. Doz. Doz. Doz. Doz. 63 years of age can be seen as Doz. Doz.

The E-Character message sent to the victim’s cellular phone.

As a result, the Defendant sent a text that causes sexual humiliation or aversion through communication media to the victim.

2. The defendant of intimidation transmitted the victim F's writing writing stating that the victim F will file a criminal complaint on the same grounds as that set forth in paragraph 1 at the time and place set forth in paragraph 1, and we need not see "."

If there is no fine, it is necessary to set up the salted fish up to three me.In addition, we need to see.

The victim threatened the victim by transmitting text messages with the content that “the scams scams, scams, scams, scams, and scams, scams, scams,” without fine scam or scams.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to photograph text messages;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes (a point of obscenity using communications media), Article 283 (1) of the Criminal Act (a point of intimidation) and selection of imprisonment, respectively;

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

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

1. Providing community service and attending lectures through Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes provides and receives the initial text message on the grounds E in sentencing, and send the victim an obscene message.

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