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(영문) 수원지방법원 평택지원 2016.09.01 2016고단625
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
Text

Defendant

A Imprisonment of three years and six months, and Defendant B shall be punished by imprisonment of six months.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

[Criminal Power] Defendant A, at the Suwon District Court on February 20, 2014, sentenced Defendant A to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence on April 13, 2015.

Defendant

B On May 13, 2016, the Daejeon District Court sentenced one year of suspended execution to four months of imprisonment for embezzlement, which became final and conclusive on May 21, 2016, and on June 29, 2016, the Daejeon District Court sentenced two years of suspended execution to six months of imprisonment for an offense of violating the Electronic Financial Transactions Act and became final and conclusive on July 7, 2016.

【Criminal Facts】

Defendant A, “2016 Highest 625,” is a middle school club of the victim D(50 years of age), and the victim E(n, 44 years of age) is a wife of the victim D.

The Defendant borrowed the amount of KRW 4,455,350 from the victim E to operate the vehicle of the victim E while committing traffic offense, and subsequently continued to be repaid and urged to pay the penalty from the victim E., the Defendant sent obscene images to the victim E’s cell phone to cause sexual humiliation to the victim E.

1. Around January 17:25, 2016, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) sent one copy of the Defendant’s sexual photograph to the victim E’s cell phone using a cell phone G flock at the Defendant’s residence located in the F of Asan City.

From January 3, 2016 to January 12:29, 2016, the Defendant transmitted the Defendant’s sexual picture or the Defendant’s image booming his sexual organ by hand at a total of four times, such as the list of crimes, and led the victim to reach the images causing sexual humiliation.

2. On January 3, 2016, around 04:55, the Defendant causing property damage was in front of the “I” office operated by the victim D in Pyeongtaek-si H, and the office entrance door and lock so that the repair cost of KRW 500,000 should be required by putting the front door of the “I” office.

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