logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2013.12.18 2013고단2901
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In order to satisfy his own sexual desire, the Defendant had expressed an obscene speech against many unspecified women who receive a telephone at will by confirming contact information through the Internet, etc., or posting a telephone at his own discretion, and had the intent to commit self-defense.

On June 26, 2013: (a) around 23:39, the Defendant sent to the victim a word that arouses sexual humiliation and aversion by using his mobile phone at the Defendant’s home of the captain of Busan-gun, Busan-gun, 113 Dong 905, 113, and 905, stating sexual acts by phoneing to the victim D (the age of 20) by the method of restriction on telephone display; and (b) “I would like to enter the bridge if four are adjacent to him.”

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

In addition, from January 18, 2013 to August 3, 2013, from August 3, 2013, the Defendant got 17 victims of sexual humiliation and aversion, as indicated in the annexed crime list, through phone calls from around 06:47.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D, E, F, G, H, I, J, K, L, M, and N;

1. Each e-mail statement aboutO, P, Q, R, S, and T;

1. Application of Acts and subordinate statutes to a report on investigation (the attachment of a copy of the call details with the victim confirmed in the list of crimes);

1. Article 12 of the relevant Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 1156, Dec. 18, 2012; hereinafter the same shall apply) concerning criminal facts, Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62(1) of the Criminal Act on the stay of execution (Article 62(1) of the Criminal Act (Article 62(1));

1. Probation and order to complete a program;

arrow