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(영문) 수원지방법원 성남지원 2013.04.24 2013고단382
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment for four 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

No person shall allow another person to deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual shame 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.

Nevertheless, between October 1, 2012 and 11:00, the Defendant sent a sound that may cause sexual humiliation or aversion to victims by causing them to feel a sense of sexual humiliation or aversion by putting about 10 women nurses working for the sexual desire of the Defendant at approximately 10 sexual intercourses at the Sungnam-gu Dental Hospital's 5th floor in Sungnam-gu, Sungnam-si, where female nurses work for about 10 sexual humiliations, with an intention to satisfy the Defendant's sexual desire. In addition, from around 10:0 to around 11:00, the Defendant sent a sound that may cause sexual humiliation or aversion to victims, as described in the attached Table from November 25, 2012 to around 01:40.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. A written petition;

1. Application of Acts and subordinate statutes on telephone recording files;

1. Article 12 of the relevant Act on Criminal Crimes and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment: Selection of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

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