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(영문) 춘천지방법원 2019.06.18 2018고단1147
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

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, at around 11:16 on September 10, 2018, the Defendant: (a) known the phone number (D) of the victim C (hereinafter referred to as 22 years of age) through SNS in the vicinity of Daejeon Seo-gu B; (b) called, “I wish to do so, I wish to do so, I wish to do so, I wish to do so,” and “I wish to do so, I wish to do so, I wish to do so, I wish to do so, I wish to do so, I wish to do so, I wish to do so,” and “I2:25” written indictment on September 11, 2018 is corrected as evidence.

The victim called the victim four times in total, and made the above remarks.

Accordingly, the Defendant reached the victim with a view to meeting his sexual desire four times, which may cause a sense of sexual humiliation or aversion through telephone.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on correspondence correspondence data;

1. Relevant Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with labor;

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

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

1. The reason for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which was sentenced to a two-year suspended sentence for six months by committing a crime under the same Act (finality of April 19, 2018), is the period of suspended sentence, and the crime of this case was committed again even though the defendant had followed the procedure on risk resulting from criminal procedure.

In addition, the defendant colored the object of crime and went to commit the crime through SNS, etc.

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