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(영문) 서울북부지방법원 2014.03.26 2014고단44
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 31, 2013, at around 22:08, the Defendant called the victim C’s cell phone with the victim’s cell phone at around 31:08, and sent the victim’s cell phone with the message “at least 31 years of age, I think that there were many acts of self-defluence while I think of weather, C, and I think that his father and wife do not feel her friendly memory, I would like to listen to it.” On January 1, 2014, the Defendant sent the victim’s cell phone with the victim’s cell phone, “C, I would like to keep the victim’s wife from being able to sleep, and I would like to keep the victim forgotten.”

As a result, the Defendant sent words and comments that may cause sexual humiliation or aversion through telephone for the purpose of inducing or meeting his own sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The message, evidence and photograph;

1. Application of the Acts and subordinate statutes on voice CD-recordings;

1. Relevant Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with labor;

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

1. Although the reasons for sentencing under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Orderers and community service orders have been identical to those of the defendant, considering favorable circumstances such as the defendant's age, character and conduct, family relation, motive, means and consequence of the crime, circumstances after the crime, etc.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to

The age, occupation, risk of recidivism, contents and motive of the crime, the method and consequence of the crime, and seriousness of the crime.

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