logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.09.24 2014고단5896
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 성폭력범죄의처벌등에관한특례법위반(통신매체이용음란) 피고인은 2014. 6. 17. 07:48경 서울 동작구 C에 있는 피고인의 집에서 그 전에 어플을 통하여 알게 된 피해자1(여, 30세)의 전화번호를 이용하여 피고인의 휴대전화에서 피해자1의 휴대전화로 ‘니가 좆 빨아준 남자 ㅋㅋ’라는 문자 메시지를 전송하였다.

Accordingly, the Defendant sent text messages that may cause sexual humiliation or aversion to the victim with a view to inducing or satisfying his sexual desire.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

A. A. Around May 2012, the Defendant: (a) was aware of the date on which May 2012 could not be known; (b) the victim 2 (the victim 25 years old) who became aware of the trade name in the Gangnam-gu Seoul Gangnam-gu, Seoul, with a mobile phone breaker, and (c) the victim 2 was under the influence of alcohol while drinking, the victim 2 was under the influence of alcohol, with a victim 304 in Seoul, Gangnam-gu, Seoul, where the locker was his/her residence, 304; and (d) laid the fright on the floor; and (e) taken the victim 2’s fluore video on the part of the victim 2.

B. Around June 2012, the Defendant, on the day when June 2012, 2012, was unable to know the date, had a sexual intercourse with the victim 3 (n, 21 years old) through Hunting at the Felel located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and fixed his/her cell phone to the table, and then the victim 3 and the victim took a video screen of his/her sexual intercourse with the victim 3.

Accordingly, the defendant taken two times against the victims' will that may cause sexual humiliation or sexual humiliation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police to the victim 1 and the victim 2;

1. The police seizure record and the list of seizure;

1. Investigation report (related to statements made by the injured party);

1. Application of Acts and subordinate statutes to a criminal investigation report (related to the closure of evidentiary videos and CDs);

1. The use of relevant legal media for criminal facts;

arrow