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(영문) 인천지방법원 부천지원 2014.08.13 2014고단1508
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. 피고인은 2014. 3. 26. 08:56경 부천시 소사구 C에 있는 피고인의 집에서 피고인의 휴대전화로 페이스북에 접속한 후 피해자 D(여, 19세)에게 "자위한번만봐주실수잇으세요 ㅠㅠ“, ”시키시는대루 자위하고싶어요..“, ”..커요ㅠㅠ“라는 메시지를 전송하여 자기 또는 다른 사람의 성적 욕망을 유발하거나 만족시킬 목적으로 성적 수치심을 일으키는 말을 피해자에게 도달하게 하였다.

2. On April 13, 2014, at around 23:49, the Defendant visited the Defendant’s house located in Seocheon-si, Seocheon-si C from his cell phone to his cell phone, sent the Defendant’s message “self-deed knb” to the victim so as to cause or satisfy his or another person’s sexual desire, thereby causing a sense of sexual humiliation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on the screen by cutting down the message and the Kakaooooto conversation;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the 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 reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to the Defendant during the course of the investigation and trial of the previous case on April 13, 2014, the Defendant committed a crime under paragraph (1) of the same criminal facts even on March 26, 2014, which is the day before the prosecution was instituted for the same kind of crime under the same Act (hereinafter “previous case”). Moreover, on April 9, 2014, the Defendant was served with a copy of the indictment and a writ of summons of the Defendant in the previous case, and did not endeavor to reach an agreement with the victim, even during the investigation and trial of the previous case on April 13, 2014.

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