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(영문) 대구지방법원 김천지원 2018.02.07 2017고단1621
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is between the victim C (n, 17 years of age) and the victim.

Whether the Defendant, on June 22, 2017, calls from the victim’s mobile phone using his/her mobile phone for the purpose of inducing or meeting his/her own sexual desire under D 207 at 09:37 on or around the street of 2017, by restricting the phone number display to the victim’s mobile phone.

The victim refers to the male question of the victim, and the victim called the victim "I wish to report once the ditch" and made the victim feel a sense of sexual humiliation or aversion through telephone, so that the victim reaches the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to investigation reports (the results of response to requests for provision of communication confirmation data, results of response to request for communication data);

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act does not fit the nature of the crime of this case for the reason of sentencing of Article 334(1) of the Criminal Procedure Act, but it is against the recognition of the facts charged by the defendant, and there is no record of criminal punishment except for one type of fine, and the defendant's age, sex, environment, means and consequence of the crime, and other various sentencing conditions as shown in the records and theories of this case, including the circumstances after the crime, shall be determined as ordered by considering the following as a whole.

[Sentencing Criteria] - No sentencing criteria are set.

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