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(영문) 울산지방법원 2016.10.27 2015고단2440
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

No person shall make any words, sounds, letters, images, etc. that may cause a sense of sexual humiliation or aversion by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or another person's sexual desire, reach the other party.

Nevertheless, the Defendant:

1. On May 10, 2014, at the places indicated in the preceding paragraph at around 16:53, the victim sent a video phone to the victim D (Name and 10 years of age) with a mark of restriction on transmission, and sent the victim a face to his sexual organ, thereby causing sexual humiliation and aversion to the victim, and cause sexual humiliation and aversion to the victim;

2. On May 15, 2014, around 16:09, at the vicinity of the Ulsan-gun E, the victim F (n, 13 years of age) sent a video phone with the signal transmission limitation sign to the Defendant’s sexual organs and sent the images that may cause sexual humiliation and aversion to the victim.

Summary of Evidence

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Legal statement of witness G;

1. The police statement concerning F;

1. Written statements of D;

1. Details of call calls;

1. Application of Acts and subordinate statutes to photograph the screen of refusal of currency;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Selection of imprisonment;

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

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order, which prevents the growth of victimized children as healthy members of society who have yet to be properly formed their sexual concept by exposing their self-defluences against victims who are children, and brings about risks that may lead to the occurrence of mental suffering that makes it difficult to recover, and the Defendant appears to have attempted to commit a crime by making a phone call 19 times (the Defendant attempted a video call to the victim F). The seriousness of the result of such damage and the sexual crime committed against children by severely punishing them.

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