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(영문) 서울북부지방법원 2015.10.15 2015고단2473
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Crimes against Victim C (AF, 17 years of age);

A. On February 28, 2015, at around 00:25, the Defendant: (a) sent a sound that may cause sexual humiliation or aversion to the victim by telephone for the purpose of meeting the victim’s sexual desire through telephone with a view to having the victim feel a new hysium and hysium in Nowon-gu Seoul Special Metropolitan City, Nowon-gu’s Public Telephone, and hysing his sexual organ, and committing self-defacing; and (b) having the victim feel a hysium.

B. The Defendant: (a) was on March 2015 and was on the duty of the first half and second half of the year.

In the apartment commercial public telephone room room of the apartment as stated in the port, the sound that causes sexual humiliation or aversion to the victim through telephone for the purpose of meeting the victim's sexual desire by exposing the victim's telephone, raising the victim's name, or other means.

2. On April 26, 2015, the Defendant committed the crime against the Victim E (Inn, 19 years of age) reached the victim with the horses and sound that may cause a sense of sexual humiliation or aversions through telephone in order to satisfy his/her sexual desire, by asking the victim “F (math male-gu straw, etc. of the victim)” in a way that he/she gets off the said D commercial public telephone, gets off the boom, and self-defasts his/her sexual organ, and fasts the victim’s name, and asking him/her “F (math male-gu straw, etc.).”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police protocol of statement to C and E;

1. Relevant legal provisions and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of each obscenity and the selection of each fine);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

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

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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