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(영문) 의정부지방법원 고양지원 2018.04.10 2018고단163
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

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 another person's sexual desire.

1. On September 12, 2017, the Defendant sent to the other party a speech that may cause a sense of sexual humiliation or aversion with a view to meeting his/her own sexual desire in the manner of “tampering” by phoneing to D (20 years of age) with his/her cell phone display restriction on the sending of the apartment site located in C, in the unclaimed apartment site located in C, around September 12, 2017.

2. The Defendant committed the crime on September 24, 2017: (a) was performing dancing practice on September 24, 2017 in the Buddhist land located in the Chungcheongnam-si, Chungcheongnam-do; and (b) around November 25, 2017

E (n. 16 years of age) sent to the other party a speech that may cause sexual humiliation or aversion with a view to meeting his own sexual desire by putting a telephone on the cell phone of E (E) by the signal number restriction.

3. On September 25, 2017, the Defendant sent to the other party a speech that may cause a sense of sexual humiliation or aversion with a view to meeting his/her sexual desire by calling to the above E (E and bridge age 16) for the limitation on the number of re-transmission of the phone from the remote area of the Sin Seo-gu, Sin Seo-si on September 25, 2017, to his/her cell phone from the non-permanent area of the Sin-si, Pacific-si to his/her own mobile phone.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and E;

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

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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