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(영문) 부산지방법원 2018.11.07 2018고단2801
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

1. The defendant shall be punished by a fine of three million won;

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

Reasons

Punishment of the crime

On December 19, 2016, around 20:05, the Defendant sent the victim C (at the age of 26) a text message stating “D” to the victim’s cell phone “D” and “satisfys underp and below.”

As a result, the Defendant reached the other party that may cause sexual humiliation or aversion through telephone or other communication media with a view to inducing or satisfying his or another person's sexual desire.

Summary of Evidence

1. Partial statement of the defendant;

2. The legal statement of the witness C;

3. Part of a protocol concerning the examination of suspect of the defendant;

4. Statement made by the police against C;

5. A complaint;

6. Application of Acts and subordinate statutes to reporting investigations by prosecutors and police;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

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

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

4. The claim that the defendant and his defense counsel should be held to have committed the instant crime, taking into account the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Disclosure of Registered Information and the Punishment, etc. of Sexual Crimes Exempt from the Employment Restriction Order; (b) Articles 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; (c) Articles 50(1) proviso of the Act on the Protection of Children against Sexual Abuse; (d) Article 56(1) proviso of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse; (b) there is no record of punishment for sex crimes or other crimes; and (c) other circumstances revealed in the records, including the defendant's age, sex, occupation, environment, family relationship, etc., the disclosure of the defendant's personal information and the effect expected by the order of disclosure of registered information or the order of employment restriction; and (d) any special circumstances that may not disclose his personal information or restrict employment.

1. The Defendant’s summary of the assertion is also ordinary.

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