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(영문) 부산지방법원 동부지원 2017.12.13 2017고단2413
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

No person shall make any words, sounds, letters, images, or other things delivered to the other party, which may cause a sense of sexual shame or aversion, by telephone, mail, computer, or other means of communication, with intent to satisfy his/her own or the other person's sexual desire.

On February 13, 2017, the Defendant got sexual humiliation to the victim by putting a cell phone number display by using his/her cell phone number “C” in his/her name for the purpose of meeting his/her sexual desire, and her cell phone number “E” used by the victim D (E) who is the wife of the ship that she worked together before her phone number display, and caused him/her to feel sexual humiliation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of each communication data, investigation report (suspect identity), investigation report (Attachment of obscene telephone recording files), and CD-related statute to each record file;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The crime of this case on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Ordering, is an unfavorable circumstance where: (a) the crime of this case was committed by making obscene phone calls to the wife of the person who was in the night; (b) the nature of the crime is not good; and (c) the victim seems to have caused considerable aversion and apprehension.

However, there are favorable circumstances such as the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and that there is no record of criminal punishment except for the case of the defendant's recommended type of fine.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] -.

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