beta
Text
A defendant shall be punished by imprisonment for six months.
The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.
Reasons
Punishment of the crime
On April 12, 2016, the Defendant: (a) around 00:40 on April 12, 2016, the Defendant sent a phone to “C (n, 19 years of age)” (hereinafter “C”) at the Defendant’s residence and called “C” (n, 104, 603) and “B apartment 103, 19 years of age”; and (b) on the same day, at around 05:03 on the same date, the Defendant continued to post a phone to the victim in the same manner as above, and called “A”, “B apartment 104, 603 years of age” (hereinafter “C”) and “A”, “A”, “A” and “B”.
Accordingly, the Defendant reached the other party the words, sounds, which may cause sexual humiliation or aversion through telephone, with a view to inducing or satisfying his own sexual desire.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes to investigative reports (to hear and report telephone recording files);
1. Article 13 of the relevant Act on Criminal Crimes and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. On March 31, 2016, the Constitutional Court issued an order to register, disclose, or notify personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, with respect to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which provides that “a person who has become final and conclusive as a crime under Article 13 shall be a person subject to registration of personal information.”
The Constitutional Court en banc Order 2015Hun-Ma688 Decided March 31, 2016 (Hun-Ma688). Therefore, this part of the legal provision has lost its effect.
As a result, the defendant does not correspond to a person subject to registration of personal information and does not constitute a person subject to order of disclosure or notification of personal information.