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(영문) 청주지방법원 2015.04.29 2014고단1825
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

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

1. On May 27, 2014, at around 15:24, the Defendant sent a voice message stating that “I would like to see the victim’s catch, which was discovered through the Internet, at the front of the apartment management office of the apartment complex of the 61 mother-si 2 complex, Cheongju-si, Cheongju-si, the Defendant posted a public telephone via the Internet, but would not receive the phone.”

2. On May 30, 2014, the Defendant sent a voice message from the public telephone room in front of the foregoing apartment apartment complex to the victim “I want to see, C, p, and studio. I wish to do so. I wish to do so. I would like to see that she was a plosa. I would like to do so only once.”

As a result, the Defendant reached the victim with a view to inducing or satisfactioning sexual humiliations over twice.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes on mobile phone calls and audio-recordings;

1. Relevant Articles of the Act on Criminal Crimes and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment.

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

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the instant crime for Article 334(1) of the Provisional Payment Order shall be determined by taking into consideration all the circumstances revealed in the pleadings of the instant case, including the contents and results thereof, the circumstances after the crime, the circumstances after the crime, the criminal records

When a conviction on a sex offense subject to registration of personal information becomes final and conclusive, the defendant shall obtain personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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