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(영문) 부산지방법원 동부지원 2017.10.11 2017고단1875
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

No person shall allow another person to deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual shame or aversion by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or another person's sexual desire.

Nevertheless, on March 20, 2017, the Defendant: (a) calls from the victim D (E) with his cell phone in order to satisfy his own sexual desire at the cel located in Busan Southern-gu B on March 20, 2017; (b) and (c) registers the victim as the victim’s cell phone (E) with the intention of meeting his own sexual desire.

One time, whether it can be reduced or not.

I would like to inform the people of who will be within the country of the delivery of a new flusium.

I want to engage in § 22(a).

In order for the victim to feel a sense of sexual humiliation and aversion, such as the term "satisfy" has led to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of a criminal investigation report (Attachment to a screen of a signal address indicating the limit on the sender), a criminal investigation report (Attachment to the phone call details) (Attachment to the phone call details), telephone details (victim mobile phones) and statutes;

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;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The crime of this case on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, is an unfavorable circumstance where the crime of this case was committed by a female at the night, and the nature of the crime is not good, and the victim seems to have caused considerable apprehension.

However, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and that the defendant has no record of criminal punishment except for two different kinds of fines.

In addition, the defendant's age, sex, environment, and means of committing the crime.

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