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(영문) 대구지방법원 경주지원 2014.12.24 2014고단799
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On July 20, 2014, the Defendant: (a) made it possible for the Defendant to restrict the transmission of a cell phone from the Ulsan-do Newcheon-dong to a cell phone; and (b) made phone calls to the victim B (here, 20 years of age); and (c) made phone calls to the victim B (here, 20 years of age; (d) “Arentttt?????????????????????????

Then, the Defendant immediately sent the victim’s video call using the same method to the victim, and sent the victim’s image to the victim’s sexual organ out of his own sexual organ, and the victim immediately called the phone to the victim, and then sent the victim a new voice to the barr.

2. On August 14, 2014, at around 16:52, the Defendant sent a video call to the victim in the same manner as that set forth in the preceding paragraph at the Defendant’s residence in racing C, and then sent the victim’s image to self-defluence of his/her sexual organ, at around 16:58, by phoneing the victim in the same way.

As a result, the Defendant reached the victim with a view to inducing or satisfying his own sexual desire twice through telephone to cause a sense of sexual humiliation or aversion.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to a petition, each photograph, a request for the provision of communication confirmation data (prior application for permission), and a criminal investigation report;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment Thereof;

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

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

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

1. Where a conviction against the accused is finalized on the criminal facts subject to registration of personal information under Article 334(1) of the Criminal Procedure Act, the accused shall be punished by a sexual crime.

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