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(영문) 수원지방법원 2014.06.13 2014고단776
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

No person shall allow another person to deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual shame 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.

Nevertheless, on July 21, 2013, the Defendant sent letters and photographs containing obscene content six times from that time to December 20, 2013, including sending letters and photographs by mail to “F” operated by the victim E (n, 36 years of age) in e.g., the victim E (n, e., the age of 36) in e.g., the Defendant sent them from that time to that of December 20, 2013.

Accordingly, the Defendant sent to the other party a letter that may cause sexual humiliation or aversion through telephone with a view to meeting his own sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the victim E and G;

1. The police statement of H;

1. Each letter;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the reflection of the defendant, the fact that the defendant agreed with the victims, and the first offender);

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

1. Where a conviction against a defendant is finalized in regard to a crime subject to the obligation to submit personal information under Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Social Service Order, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and such person is obligated to submit personal information to a related agency

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