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(영문) 광주지방법원 목포지원 2014.09.05 2014고단682
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On October 12, 2013, the Defendant committed the crime against the victim B around 01:42, the Defendant sent to the victim B (here, 18 years of age) a phone call to the victim B (the victim) at the Defendant’s residence located in Sinposi C, and led the victim (the victim (the victim 18 years of age) to have the victim “I wish to take a drink” and caused or satisfy his or another person’s sexual desire.

2. On January 8, 2014, at around 00:06, the Defendant: (a) sent a phone call to the victim D (the 28-year-old age), thereby causing sexual humiliation or aversion through telephone for the purpose of inducing or meeting his/her or another person’s sexual desire.

3. Around 03:00 on February 22, 2014, the Defendant sent a speech that may cause sexual humiliation or aversion to the victim E (the victim 24 years old) by exposing a telephone from the victim E (the victim 24 years old) and bring about or satisfy his/her or another person’s sexual desire.

4. On February 22, 2014, at around 03:18, the Defendant, who committed the crime against the Victim F, sent the victim F (the age of 23) phone calls to the victim F, and made the victim “I am, see, I am, I am dead, I am dead, I am dead, I am dead, I am dead, I am dead, and I am am dead,” so as to arouse or satisfy his or other people’s sexual desire, thereby causing a sense of sexual humiliation or aversion through telephone.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement with respect to F, and each statement of E, D, and F;

1. Details of photographic photographs of the victim and the cell phone calls sent by the suspect after the victim’s call list;

1. The application of Acts and subordinate statutes to the CD or record files submitted by the victim;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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