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(영문) 울산지방법원 2016.02.04 2015고단2449
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. No person who violates the Act on Promotion of Utilization of Information and Communications Network and Information Protection, etc. shall allow any other person to repeatedly reach the words, etc. creating fear or apprehensions through an information and communications network;

Nevertheless, the Defendant sent a message to the victim who was found to North Korea through the Defendant’s cell phone (E) at the coffee specialty D located in Ulsan-gu, Ulsan-gu, Seoul-gu, around November 29, 2014, when the Defendant had weak ability to discern things or make decisions due to a dysysysysysysysysysysysysysysysysysysysysysysysyssysysysysyssysysyssysyssyssyssyssyssyssyssyssyssyssyssys, and from that time, from that time to June 13, 2015, the Defendant sent to the victim who did not have a dysysysysysysysysysysysysysysysysys.

2. Violation of the Act on the Punishment, etc. of Sexual Crimes (obscenity using communications media);

(a) No person who violates the Act on the Punishment, etc. of Sexual Crimes against the Victims H (obscenity using communications media) shall have the victim reach the other party any speech, etc. that may cause a sense of sexual humiliation or aversion through communications media with intent to arouse or satisfy his/her or the other person's sexual desire;

Nevertheless, the Defendant sent a message to the victim who is neither the Defendant nor the victim who was aware of the fact that the Defendant had the ability to discern things or make decisions due to a divided-sex disorder, etc., through the Defendant’s cell phone (E) located in Ulsan-gu 101 Dong 1401 and 1401 around June 19, 2015, using the Defendant’s cell phone (E) located in Ulsan-gu 101 Dong-gu 1401.

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