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(영문) 의정부지방법원 고양지원 2019.01.24 2018고단2040
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
Text

Defendant is punished by imprisonment with prison labor for each of the crimes of 2018 Highest 2040 cases, and 2018 Highest 2639, 2018 Highest 2700 cases.

Reasons

Punishment of the crime

[criminal power] On June 22, 2018, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution in the Goyang Branch of the Jung-gu District Court on March 22, 2018, and such judgment became final and conclusive on June 30, 2018.

"2018 Highest 2040"

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media);

A. On March 11, 2018, between 11:45 and 14:00 on April 2, 2018, the Defendant shown the form of the Defendant’s act of displaying or self-defenseing the victim D (e.g., 47 years of age) by drying the video call through three times from his own house located in Pakistan and C, to his own house.

Accordingly, the Defendant sent to the victim images that may cause a sense of sexual humiliation or aversion through telephone with a view to inducing or satisfying his or another person's sexual desire.

B. On April 10, 2018, the Defendant called “I wish to do so, dial-a-a-a-a-a-the-counter, I wish to do so,” by making phone calls from the street of the F Hospital located in the Pakistan to the victim G (n.e., the age of 24) with the cell phone.”

Accordingly, the Defendant reached the victim with the intent to arouse or satisfy his or another person's sexual desire, thereby causing sexual humiliation or aversion through telephone.

다. 피고인은 2018. 4. 17. 15:00경 파주시 H 소재 I PC방 23번 자리에서 아이디 "J"로 로그인 한 후 카운터에 있는 직원인 피해자 K(여, 48세)에게 "몇 살이세요, 나이만 알려주면 해달라는 대로 다해드림, 23번 자리로 오세요, 여자화장실로 ㄱㄱ"라는 메시지를 전송하였다.

Accordingly, the Defendant sent to the victim a writing that may cause sexual humiliation or aversion through a computer with intent to arouse or satisfy his or another person's sexual desire.

2. On April 20, 2018, the Defendant committed as if he would pay the alcohol value to the victim N in M located in L fourth floor at the time of strike around 03:00.

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