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(영문) 대구지방법원 2017.01.11 2016노1124
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. Each of the instant crimes committed by the Defendant with mental or physical disorder is committed in a state of loss of mental or physical disorder or mental disorder.

B. The sentence sentenced by the lower court (one year of imprisonment, 40 hours of order to complete the course) is too unreasonable.

2. Ex officio determination

A. The summary of the facts charged of the instant case shall not allow anyone to reach the other party any words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation or aversion through telephone, mail, computer, or other communications media with intent to arouse or satisfy his/her own or the other party's sexual desire.

Nevertheless, the defendant had the intent to send correspondences, etc. to the victim B (the 47 years of age) living in the side of the defendant's dwelling for the above purpose.

1) On November 26, 2013, the Defendant: (a) prepared a letter stating that “I wish to see the width, I would like to do so; (b) I would leave the door of the victim’s residence; and (c) put it in the door of the victim’s residence.”

2) On November 28, 2013, the Defendant prepared a letter stating that “I stroke, I stroke, I stroke, I stroke at the same place,” and put it in the entrance of the victim’s residence.

3) On November 30, 2013, the Defendant, at the same place around 22:00, set up a letter stating “as soon as possible” and put it in the entrance of the victim’s residence.

4) On December 6, 2013, the Defendant: (a) drafted a letter at the same place as “I wish to see the inside of the body promptly”; and (b) put it into the entrance door of the victim’s residence.”

5) On December 8, 2013, the Defendant wishes to stroke stroke at the same place as “stroke stroke stroke.”

The content of "convey" and the form of female sexual flag was drawn up, and put it in the entrance door of the victim's residence.

6) On December 16, 2013, the Defendant “Wol Dog” at the same place.

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