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(영문) 춘천지방법원 영월지원 2013.11.22 2013고단385
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media);

A. The Defendant committed a crime against the victim C with the victim’s cell phone numbers known of the victim’s cell phone numbers while holding the Internet game called “Sagle 3” with the members of the club, which is called “Sagle 16.”

On January 28, 2013, at around 19:07, the Defendant sent the Defendant’s mobile phone (E) text messages using the Defendant’s mobile phone at his parent house located in Gangwon-gun, Gangwon-do, the Defendant sent the Defendant’s mobile phone with the text messages “ how you want to have sexual intercourse)”, at around 19:35 on the same day, “ how you want to have sexual intercourse”, and at around 14:04 on January 29, 2013, the Defendant sent the Defendant’s text messages “ must have to have it possible to have it possible to receive it,” and at around 14:04 on the same day, sent the Defendant’s text messages “ until the time the passbook was sent to have it deposited immediately.” From that date, the Defendant sent the Defendant’s text messages to the Defendant’s cell phone, and sent the Defendant’s sexual humiliation and aversion, as indicated in the attached Table (1) from February 28, 2013 to 17:40.

B. The Defendant’s act against the Victim F was in contact with the Victim F(F) with the Victim F(F) with C’s cellular phone, which was known to him after being introduced by the said C.

피고인은 2013. 2. 26. 16:39경 제1의 가항 기재 장소에서 같은 항 기재 피고인의 휴대전화를 이용하여 피해자에게 “누나 보냇은니까 어서 하자”라는 카카오톡 메시지를, 같은 날 16:52경 “누나 빨리 자위해줘”라는 카카오톡 메시지를 각각 보낸 것을 비롯하여 그 때부터 2013. 2. 27. 12:36경까지 별지 범죄일람표(2) 기재와 같이 20회에 걸쳐 피해자에게 성적수치심, 혐오감을 일으키는 음란한 카카오톡 메시지를 전송하였다.

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