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(영문) 수원지방법원 성남지원 2016.10.28 2016고단1817
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
Text

A defendant shall be punished by imprisonment for six 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. On December 1, 2015, the Defendant sent dynamic images that women who are off the clothes using apps installed in the Defendant’s cell phone with the cell phone of the victim C (W, 30 years old) of the Defendant’s spouse’s pro-friendly Haon and Haon who was the Defendant’s spouse, sent a similar act at a dynamic site on December 1, 2015.

Accordingly, the defendant reached the victim with the purpose of meeting his sexual desire, such as video that causes sexual humiliation through communication media.

B. On October 28, 2015, the Defendant committed a crime against the victim D: (a) around 17:24, the victim D (n), his/her spouse, and the mobile phone of the victim D (n, 43 years of age) with the mobile phone installed in the Defendant’s mobile phone, transmitting screen pictures that women off and show, etc. using apps installed in the Defendant’s mobile phone; and (b) from the above date and time to January 15, 2016, the list of crimes committed in annexed sheet

1. As described, obscene videos, etc. were transmitted more than 10 times.

Accordingly, the defendant reached the victim with the purpose of meeting his sexual desire, such as video that causes sexual humiliation through communication media.

2. 정보통신망이용촉진및정보보호등에관한법률위반 피고인은 2015. 12. 1. 22:10경 불상의 장소에서, 위 피해자 C에게 전화하여 '이씨발년아, 너 죽어, 남편 거지새끼야, 너, 두 마리, 죽어봐봐, 끝나'라고 말하는 등 위 일시경부터 2016. 1. 26.경까지 별지 범죄일람표

2. As described in the statement, the sound inducing fear and apprehensions has reached the victim repeatedly.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and D;

1. Application of the Acts and subordinate statutes on photographs by recording each recording book and each closure of a course;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereafter referred to as "obscenity using communications media") and Article 13 of the Act on Special Cases concerning Criminal Crimes;

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