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(영문) 대구지방법원 김천지원 2016.09.28 2016고단727
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant “2016 Highest 727” on March 20, 2016, at the Defendant’s house located in the Gu and Si/Gu around 20:40 on March 20, 2016, with the Defendant’s mobile phone C App with the Defendant’s mobile phone C App with D (the name, the number, and the age of 22).

오빠 꺼 빨아 줘” 라는 문자를 보내고 그와 동시에 남성의 성기를 찍은 사진을 보냈으며, 이어서 “ 야 왜 그래 옛날에 내 꺼 마니빨아줬잔아 좆 물도 잘 받아 먹더만. 한번하자 니 몸이 그래 워 니 보지도 젖꼭지도” 라는 문자를 보냈다.

As a result, the Defendant sent words, sounds, letters, pictures, and images that may cause sexual humiliations or aversions through communications media with a view to meeting sexual humiliations.

"2016 Highest 965"

1. On March 17, 2016, the Defendant sent to the victim E (the age of 23) a photograph of the male’s sexual organ through the Internet site F’s Messenger, and sent a message stating “as soon as possible the sexual organ,” at an insular place.

2. On March 13, 2016, the Defendant sent the victim G (the age 29) a photograph of male sexual organ through the Internet site F Messenger’s Messenger, and sent a message stating “as soon as possible the sexual organ” to the victim G (the age 29).

As a result, the Defendant sent words, sounds, letters, pictures, and images that may cause sexual humiliations or aversions through communications media with a view to meeting sexual humiliations.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D (tentative name), G and E;

1. Application of C Contents Acts and subordinate statutes

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to register, or to disclose or notify the personal information under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes to the Constitutional Court shall be issued.

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