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(영문) 대구지방법원 의성지원 2016.10.20 2016고단121
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

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

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

[criminal power] The Defendant was sentenced to two years of suspension of execution for one year, for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using a media) in the Sungwon District Court’s Sungnam branch on July 16, 2014. The judgment became final and conclusive on April 17, 2015. On June 25, 2015, the Suwon District Court sentenced two years of suspension of execution to six months of imprisonment with prison labor for public performance and obscenity, and the judgment becomes final and conclusive on July 3, 2015, and is currently under suspension of execution.

【Criminal Facts】

On May 27, 2016, the Defendant searched “EM” through an Internet website at the place of residence located in Suwon-gu C and 1st century from May 27, 2016, and connects the Defendant’s mobile phone number of the victim F (n, 59 years of age) indicated in the employee job offer advertisement with the Defendant’s mobile phone using a communication medium for the purpose of inducing or meeting his/her sexual desire, and then connects the Defendant’s mobile phone with the Defendant’s mobile phone with the “restriction on the display of his/her identity.” The Defendant got off the same year from that time, including the Defendant’s sexual organ, which was shakingd by hand, and which led to the Defendant’s s

7. By April, 7. Until the victim reached a total of 415 times the victim’s images that may cause sexual humiliation or aversion, such as written in the list of offenses.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Report of internal investigation (Attachment of photographs in a form of putting a telephone by telephone);

1. Communications data meetings;

1. Criminal records as indicated in the judgment: References to criminal records and application of statutes for investigation reports (verification of criminal records of the same kind);

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

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

1. The grounds for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order, in spite of the fact that the defendant was punished four times for the same kind of crime, and the period of suspension of execution due to the same kind of crime and obscenity

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