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(영문) 대구지방법원 2019.07.09 2019고단2493
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

[criminal power] On February 5, 2016, the Defendant was sentenced to ten months of imprisonment for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using a communication medium) at the Seoul Central District Court, and completed the execution of the sentence in the North Korean Prison I, on October 21, 2016. On August 21, 2017, the Defendant was sentenced to one year and six months of imprisonment with prison labor for the same crime at the Jung Government District Court, and on January 15, 2018, the Defendant completed the execution of each sentence in the Ansan Prison on November 22, 2018.

【Criminal Facts】

No person shall have the other party 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 the other person's sexual desire.

Nevertheless, at around 15:00 on January 24, 2019, the Defendant: (a) sent a phone call to the victim B (a woman) who is a female victim (a woman) who may not know at all by hiding the Defendant’s contact number by using the Defendant’s gallon No. 5 mobile phone using the Defendant’s gallon service of restricting the identification number display; and (b) sent a phone to the Defendant (a woman) who was living in Jongno-gu Seoul, with the Defendant’s contact number by hiding the Defendant’s contact number by using the Defendant’s gallon No. 5 mobile phone; and (c) called “self-fabbababababa(s).” From that time to April 10:57, 2019, the Defendant puts a phone to the victim ten times in total, and puts a word

Accordingly, the defendant reached the victim's words that may cause sexual humiliation or aversion with a view to satisfying his own sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the chief offender and B (tentative) police officer;

1. Report of investigation (information in the currency of a suspect and a victim);

1. Records of seizure and the list of seizure;

1. Previouss before ruling: Criminal records and investigation reports (report on confirmation of criminal records and criminal records of the same kind, judgment, and personal confinement status).

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