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(영문) 제주지방법원 2020.07.22 2020고단786
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant was aware of the victim B (n, 19 years of age) and SNS prior to several years, but there is no one-day way between them.

At around 02:49 on January 30, 2020, the Defendant sent a sign that may cause a sense of sexual humiliation and aversion to the victim by putting a limitation on the phone number of the victim’s cell phone using Handphones used by the Defendant at Seopopopo City C, and “I am dial-a-ba-be, so doing, so you do so? I am am blick, so I am am snick, I am I am snick, I am I am I am I am I am I am I am I am I am I am I am I am I am I am.”

Accordingly, the defendant reached the other party that may cause sexual humiliation or aversion through telephone with a view to meeting his own sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to report internal investigation (related to documents submitted by the victim) and report internal investigation (related to the confirmation of a recorded file);

1. Relevant Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) and the choice of imprisonment with prison labor

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify disclosure of personal information; (b) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social relationship, criminal record, risk of recidivism; (c) profits and preventive effects expected from an order to notify disclosure of personal information; and (d) disadvantages and side effects of such order; and

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

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