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(영문) 서울동부지방법원 2013.04.11 2013고단17
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

1. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection shall allow any person to reach another person repeatedly in the form of code, words, sound, image, or picture creating fear or apprehension through information and communications networks;

Nevertheless, at around 21:25 on October 7, 2012, the Defendant sent text messages to the victim B’s mobile phone using his Handphones, and the Defendant repeatedly sent text messages to the victim B’s mobile phone from around that time to October 18:52, 2012, i.e., the text messages creating fears or apprehensions for the victim on a total of six occasions as indicated in the attached crime sight table (1).

2. On November 30, 2012, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using a telecommunications medium) 10:21, on the ground that the Defendant was divorced from the wife and caused or satisfied his or another person’s sexual desire, the Defendant saw the victim B to walk up an obscene link with the obscene language that causes the sexual humiliation of the “deflation of his or her wife,” posted on his or her handphone 1, as shown in the [Attachment 2] No. 1, which is a smartphone mobile service using his or her handphone, through the Defendant’s Kakaox, a mobile service. On the same day, the Defendant seeed that the Defendant was able to walk up an obscene link that causes the sexual humiliation of his or her “booming” by 10:35 in the same manner as indicated in the [Attachment 2] No. 10:35.

In this respect, the defendant reached two times a letter that causes sexual humiliation or aversion to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to investigation reports and photographs;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., concerning the relevant criminal facts and the selective punishment;

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