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(영문) 대구지방법원 2014.03.20 2014고단572
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On November 14, 2013, the Defendant sent a text message to the victim D using a mobile phone device to satisfy his/her sexual desire at the Defendant’s residence located in Daegu Northern-gu C301, Daegu Northern-gu, about 05:53 on November 14, 2013 (obscenity using a telecommunications medium) to “I will see that I will be able to be able to be dynasty for 25 years, and be dynasty for eight hours, such as D, I would like to be hynasty equal equally, and I would like to D, I would like to be hynasty for eight hours,” and then sent a text message that causes sexual humiliation or aversion to the victim over ten times from the following month to the end of February of the same month.

2. Around November 15, 2013, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc.: (a) sent text messages using a mobile phone device to the said victim using the mobile phone device in the above residence, and (b) sent the text messages with the effect that “the said victim is dead by marriage for male wave following the D 29 suicide,” and (c) from November 8, 2013 to June 26, 2013, the Defendant repeatedly sent text messages that arouse fear or apprehensions to the victim over 13 times, as shown in the list of crimes committed in the attached Table 2.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A complaint filed in D;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant legal provisions concerning facts constituting an offense, and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. (the selection of fines and fines), Articles 74 (1) 3 and 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (the repeatedly transmitting text messages that cause fear or apprehensions, and the selection of fines);

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

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